Criminal defense lawyers must recognize and challenge prosecutorial misconduct whenever it occurs. In my opinion, prosecutor's today wield greater power, engage in more egregious misconduct, and are less subject to judicial or bar association oversight than ever before. Few defense lawyers or commentators would disagree with these conclusions. Indeed, some types of prosecutorial misconduct have become almost “normative to the system.”
Bennett L. Gershman, Tricks Prosecutors Play, Trial, Apr. 1992, at 46, available at http://digitalcommons.pace.edu/lawfaculty/942/.