I do a lot of court-appointed criminal defense out of Philadelphia. At times, I see young assistant district attorneys make statements they should not make during closing and opening speeches. What is the responsibility of the District Attorney’s Office in the Appellate Division when it is clear the young assistant has acted incorrectly? I normally see briefs attempting to defend these actions to the utmost when, in reality, the Appellate Division is reinforcing the bad conduct at the trial level. Is it ethical for the Appellate Division to do that?
Anyone who does criminal defense, particularly court-appointed criminal defense, knows the frustration in Pennsylvania in dealing with the appellate courts and prosecutorial misconduct. No matter what a district attorney says or does, sometimes it seems as if the appellate court either ignores it or bends over backward to justify the conduct. Very few cases are reversed on prosecutorial misconduct, even though a review of arguments often shows statements of personal opinions, misstatements of evidence and inflammatory statements.
