In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment." It is similar to selective prosecution. Prosecutors are bound by a set of rules which outline fair and dispassionate conduct.
A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation.
Antonios Sajih Mokbel is an Australian criminal who has been convicted of a number of offences, most prominently commercial drug trafficking. He has spent most of his life in Melbourne, Australia. Operation Purana alleged that he is the mastermind behind the Melbourne amphetamine trade. He has been linked to Carl Williams, and charged but not convicted of two murders in the Melbourne gangland war. He disappeared from Melbourne while on trial in March 2006, and was arrested by Greek police in Athens on 5 June 2007. Since being brought back to Australia he has remained incarcerated.
Frank Lucas was an American drug lord who operated in Harlem, New York City, during the late 1960s and early 1970s. He was known for cutting out middlemen in the drug trade and buying heroin directly from his source in the Golden Triangle in Southeast Asia. Lucas boasted that he smuggled heroin using the coffins of dead American servicemen, as depicted in the feature film American Gangster (2007), which fictionalized aspects of his life. This claim was denied by his Southeast Asian associate Leslie "Ike" Atkinson.
Frederick Salem Zain was an American forensic laboratory technician in West Virginia and Bexar County, Texas, who falsified serology results to obtain convictions.
This is a list of notable overturned convictions in the United States.
The Jeanine Nicarico murder case was a complex and influential homicide investigation and prosecution in which two men, Rolando Cruz and Alejandro Hernandez, both Latinos, were wrongfully convicted of abduction, rape and murder in 1985 in DuPage County, Illinois. They were both sentenced to death. The case was scrutinized during appeals for being weak in evidence.
Brian James Dugan is an American convicted rapist and serial killer active between 1983 and 1985 in Chicago's western suburbs. He was known for having informally confessed in 1985 to the February 1983 abduction, rape and murder of 10-year-old Jeanine Nicarico of Naperville, Illinois, which was a highly publicized case. He was already in custody for two other rapes and murders, one of a woman in July 1984 and the other a 7-year-old girl in May 1985. He was sentenced to life after pleading guilty to the latter two crimes.
Richard M. Roberts is an American former law enforcement officer and disbarred attorney. Roberts worked as a detective in the Essex County Prosecutor’s Office and Essex County Bureau of Narcotics. After completing law school at Seton Hall University and passing the bar examination, Roberts served as an Assistant Prosecutor in the Essex County Prosecutor's Office.
Rolando Cruz is an American man known for having been wrongfully convicted and sentenced to death, along with co-defendant Alejandro Hernandez, for the 1983 kidnapping, rape, and murder of 10-year-old Jeanine Nicarico in DuPage County, Illinois. The police had no substantive physical evidence linking the two men to the crime. Their first trial was jointly in 1987, and their statements were used against each other and a third defendant.
Bernard F. Baran Jr. was an American day care employee wrongfully convicted in the day-care sex-abuse hysteria of the 1980s and 1990s that was spawned by the McMartin preschool trial.
Michael Morton is an American who was wrongfully convicted in 1987 in a Williamson County, Texas court of the 1986 murder of his wife Christine Morton. He spent nearly 25 years in prison before he was exonerated by DNA evidence which supported his claim of innocence and pointed to the crime being committed by another individual. Morton was released from prison on October 4, 2011, and another man, Mark Alan Norwood, was convicted of the murder in 2013. The prosecutor in the case, Ken Anderson, was convicted of contempt of court for withholding evidence after the judge had ordered its release to the defense.
The Illinois Innocence Project, a member of the national Innocence Project network, is a non-profit legal organization that works to exonerate wrongfully convicted people and reform the criminal justice system to prevent future injustice.
Ryan W. Ferguson is an American man who spent nearly 10 years in prison after being wrongfully convicted of a 2001 murder in his hometown of Columbia, Missouri. At the time of the murder, Ferguson was a 17-year-old high-school student.
Louis N. Scarcella is a retired detective from the New York City Police Department (NYPD) who earned frequent commendations during the "crack epidemic" of the 1980s and 1990s, before many convictions resulting from his investigations were overturned during his retirement. As a member of the Brooklyn North Homicide Squad, he and his longtime partner Stephen Chmil built a reputation for obtaining convictions in difficult cases. Since 2013, Scarcella has received extensive and sustained publicity for multiple allegations of investigative misconduct that resulted in false testimony against crime suspects, leading to innocent parties serving long prison terms and guilty individuals going free.
Akbar Pray is an American writer, columnist and convicted drug kingpin from Newark, New Jersey who was serving a life sentence in federal prison, imposed in 1990, before obtaining a "compassionate release" on September 30, 2024.
The Ford Heights Four were formerly imprisoned convicts, who were falsely accused and convicted of the double murder of Lawrence Lionberg and Carol Schmal in Ford Heights, Illinois, and later exonerated. Jimerson and Williams were sentenced to death, Adams to 75 years in prison and Rainge to life. Following the murder in 1978, the four spent almost two decades in prison before being released in 1996. This miscarriage of justice was due to false forensic testimony, coercion of a prosecution witness, perjury by another witness who had an incentive to lie, and prosecution and police misconduct. The DNA evidence uncovered in the investigation to clear their names eventually led to the arrest and conviction of the real killers.
Jabbar Collins is an American man who served 16 years for a crime he did not commit. He was convicted of second-degree murder following the February 1994 death of Orthodox rabbi Abraham Pollack in Williamsburg, Brooklyn. The 20-year-old Collins, who lived in a nearby housing project, was arrested and charged with the murder. In March 1995, he was sentenced by a jury to 34-years-to-life in prison, sixteen of which he served.
For Life is an American legal drama television series created by Hank Steinberg that premiered on ABC on February 11, 2020. The series is inspired by the true story of Isaac Wright Jr., who was imprisoned for a crime that he did not commit; he obtained a law degree after he was exonerated. While incarcerated, he helped overturn the wrongful convictions of twenty of his fellow inmates, before finally proving his own innocence. In June 2020, the series was renewed for a second season which premiered on November 18, 2020. In May 2021, the series was canceled after two seasons.
Bill Clutter is an American private investigator, wrongful conviction advocate, and author. He is the co-founder of the Illinois Innocence Project and founder of the national wrongful conviction organization Investigating Innocence. His work on the Donaldson v. Central Illinois Public Service Company case led him to write the book Coal Tar: How Corrupt Politics and Corporate Greed Are Killing America's Children, which is the story of an epidemic of neuroblastoma in Taylorville, Illinois, caused by exposure to coal tar.
