Just to be perfectly clear, I’m not a lawyer. My approach is to examine what I personally consider to be misconduct based on a layman’s interpretation of the existing legal standards and nothing more. Only a legal expert (lawyer, judge, etc.) would be qualified to determine whether an illegal act or one which constitutes misconduct has actually occurred.
- Julian Assange of WikiLeaks, the site which leaks information provided by whistleblowers and/or hackers from around the world. Mr. Assange has not been charged with any crime;
- Bradley Manning, charged with providing secret information to WikiLeaks;
- Jeremy Hammond, charges related to the Stratfor hack; and
- Aaron Swartz, charges related to the MIT/JSTOR hack; Mr. Swartz allegedly committed suicide and the charges against him have since been withdrawn.
“Prosecutorial misconduct is conduct which violates court rules or ethical standards of law practice.” (See detailed definitions at the end of the post).
(Note: At the time I wrote this, Chelsea Manning was using her birth name, Bradley and birth gender. It wasn't until much later that she requested her gender transition be recognized).
“The recusal of a judge may be requested:Where he himself or his spouse has a personal interest in the dispute;”(See detailed definitions at the end of the post).
“Threatening, badgering or tampering with witnesses;”
“Any person charged with an offence has the right ... to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.” --Canadian Charter of Rights and Freedoms
Hiding, destroying or tampering with evidence, case files or court records;
Failing to disclose evidence that might tend to exonerate the defendant
Threatening, badgering or tampering with witnesses;
Presenting false or misleading evidence;
Selective or vindictive prosecution
Denial of a speedy trial rights
Use of unreliable and untruthful witnesses and snitches
The use of a harsh and angry tone and demeanor,
Lack of impartiality,
Improper political or even charitable or fund-raising activities,
Sexually harassing conduct,
Off-the-record, private communication with a litigant about a pending case,
Conflict of interest,
An ethnic or racial slur,
Physical or mental disability,
Bankruptcy or insolvency,
Misuse of prestige of office,
Allowing cameras in the courtroom,
Receiving a bribe or gift from a litigant,
Making it public comment on a pending case or which shows prejudgment
Failure to recuse oneself in an appropriate case, and
Administrative mismanagement such as a failure to render a judgment in a reasonable amount of time.
These definitions are intended to be nothing more than a general guide to this discussion.