Prosecutorial Misconduct and Negligence : Tactics for the Trenches is a presentation given by Don Rehkopf on April 21, 2017 to give defense lawyers the law and the tools to increase the odds of prevailing against Prosecutorial Error.
It covers four areas:
1. A linguistic suggestion that is perhaps less psychologically antagonistic than the phrase “prosecutorial misconduct;”
2. A synopsis of the various sources of discovery that must be asserted pretrial in an effort to prevent, but if not, preserve, these discreet issues;
3. A discussion of how to determine just what constitutes prosecutorial error; and
4. Suggestions on how to properly preserve issues of prosecutorial misconduct or error, pretrial and during trial.
“Prosecutors are far less likely to try and take advantage of a defense attorney who is ready to pounce on misconduct by objections and calls for sanctions.”