Introduction
In the United States, the criminal justice system is widely regarded as one of the cornerstones of democracy, safeguarding the rule of law and ensuring justice is served. However, beneath this veneer of “law and order” lies a deep and systemic issue that many Americans are unaware of: prosecutorial misconduct. Prosecutors in the U.S. wield immense power, but the checks on their authority remain shockingly inadequate. In many cases, they knowingly engage in illegal practices that result in wrongful convictions, violating not just national due process rights but also international law.
Prosecutorial Misconduct: A Dangerous Abuse of Power
Prosecutorial misconduct can take many forms, but some of the most egregious cases include withholding exculpatory evidence (evidence that could exonerate the defendant), coercing witnesses, or presenting false evidence. In some instances, prosecutors knowingly send innocent people to prison for decades, all in the name of securing a conviction. Under international human rights law, particularly under the International Covenant on Civil and Political Rights (ICCPR), such actions violate the basic right to a fair trial. Article 14 of the ICCPR, ratified by the United States in 1992, guarantees that “everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.”
Yet, the U.S. routinely ignores these obligations, continuing to allow misconduct with little to no repercussions for the prosecutors responsible.
The Innocent Pay the Price
The human cost of prosecutorial misconduct is staggering. According to the National Registry of Exonerations, over 3,300 people have been exonerated in the U.S. since 1989. Many of these cases involved prosecutorial misconduct. Consider the case of Michael Morton, a Texas man who spent 25 years in prison for the murder of his wife, despite evidence that could have cleared him. The prosecutor in his case, Ken Anderson, withheld crucial evidence from the defense—evidence that would have pointed to Morton’s innocence. Even though Anderson was eventually disbarred and served a brief sentence, this case highlights a troubling pattern: prosecutors rarely face serious repercussions for their misconduct.
The Legal Impunity of Prosecutors
The lack of accountability for U.S. prosecutors stands in stark contrast to the global consensus on the rule of law. International legal bodies have long emphasized that those who act in positions of public trust must be held accountable when they violate the law. The Rome Statute of the International Criminal Court (ICC) identifies the deliberate subversion of justice as a violation of human rights.
Yet, the U.S. criminal justice system allows prosecutorial misconduct to flourish. The doctrine of absolute immunity, established in cases like Imbler v. Pachtman (1976), protects prosecutors from civil lawsuits, even when they engage in blatantly illegal actions such as withholding exculpatory evidence. This shield of immunity stands in direct violation of international legal norms, which hold that no public official should be above the law.
The Global Standard: Accountability for Public Officials
International law is clear: no one is above the law, especially public officials who hold the power to deprive individuals of their liberty. The European Convention on Human Rights (ECHR), the Inter-American Commission on Human Rights, and other international legal bodies explicitly state that officials who violate due process rights must be held accountable. Prosecutors in countries like the United Kingdom and Germany are not immune from prosecution for misconduct. In fact, European nations are often much quicker to take corrective action, ensuring that prosecutors who engage in unethical or illegal behavior face substantial consequences, including criminal penalties and disbarment.
The U.S., by contrast, violates this global consensus with impunity. American prosecutors can and do operate without fear of serious repercussions, often in the name of “justice” or “public safety.” But this is a false narrative—one that betrays the very concept of justice and tarnishes America’s credibility as a defender of human rights.
Withholding Evidence: A Direct Violation of International Law
One of the most glaring forms of misconduct is the withholding of exculpatory evidence. Under international law, the right to a fair trial includes the right to access all relevant information that can affect the outcome of a case. The U.S. has flouted this principle time and again.
Take the case of John Thompson, who spent 18 years on death row in Louisiana for a murder he did not commit. Prosecutors in his case withheld blood evidence that could have proven his innocence. While the Supreme Court ultimately overturned Thompson’s conviction, ruling that his constitutional rights had been violated, the prosecutor responsible faced no meaningful penalties.
Under international law, this is not just a violation of due process—it is an outright crime. The United Nations Human Rights Committee has emphasized that prosecutors must be held accountable when they violate the right to a fair trial, particularly when their actions result in wrongful convictions.
The U.S. Claims Law and Order, But Violates With Impunity
The hypocrisy of the U.S. criminal justice system becomes clear when compared to international standards. The U.S. frequently positions itself as the global enforcer of human rights, yet fails to apply these same standards domestically. While American officials are quick to condemn other nations for human rights abuses, they turn a blind eye to the rampant abuses within their own prosecutorial system.
In fact, when confronted with accusations of misconduct, U.S. officials often double down, defending their actions as necessary to maintain “law and order.” But at what cost? Innocent lives are destroyed, families are torn apart, and faith in the justice system erodes.
Time for Accountability
If the U.S. wants to maintain any semblance of credibility on the world stage, it must start holding its prosecutors accountable for their misconduct. This includes imposing severe penalties, such as disbarment, imprisonment, and financial restitution to those wrongfully convicted. The U.S. cannot continue to violate international human rights law under the guise of “justice.”
It is time to recognize that prosecutorial misconduct is not a minor issue, but a grave human rights violation that demands urgent action. Without accountability, the U.S. justice system will continue to falter, and the lives of countless innocent people will hang in the balance.
The question we must all ask is: How long will we allow prosecutors to act with impunity, in violation of both national and international law, while innocent lives are shattered? The answer should be clear—change must happen now. The integrity of justice and the rule of law depend on it.
Sources:
- International Covenant on Civil and Political Rights. United Nations Human Rights Office of the High Commissioner.
- Rome Statute of the International Criminal Court. International Criminal Court.
- National Registry of Exonerations. University of Michigan Law School.
- Imbler v. Pachtman, 424 U.S. 409 (1976).
- Michael Morton Case. The Innocence Project.
- John Thompson Case. United States Supreme Court, Connick v. Thompson, 563 U.S. 51 (2011).
Until Next Time…
I Am,
Ewing Redmond Samuels III
