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Prosecuting the prosecutor: The makings of the Michael Morton Act
Authors:Katherine Polzer  Johnny Nhan  John Polzer
Affiliation:1. Department of Criminal Justice, Texas Christian University, USA;2. Cantey Hanger, LLP, USA
Abstract:
Prosecutorial misconduct is not a rare event, but it often goes undetected, unreported, or no action is taken by the criminal justice system. However, when one Texas prosecutor, Ken Anderson, served jail time for wrongfully prosecuting an innocent man, Michael Morton, for murdering his wife, he made history. Anderson withheld exculpatory evidence leading to Morton wrongfully serving 25 years before being released with new DNA evidence. However, Anderson only served a five-day sentence and $500 fine. We discuss the case in the context of inequality and legal realism in the criminal justice system. Also, we look at the implications and new legal action taken by the state of Texas to try and combat this problem, along with looking at these secretive occupational subcultures.
Keywords:Misconduct   Wrongful convictions   Legal precedents
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