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Anonymous asked in Politics & GovernmentLaw & Ethics · 2 months ago

Can a prosecutor/district attorney prosecute a case that they are a victim of in the United States? ?

3 Answers

  • 2 months ago

    No, conflict of interest.

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  • 2 months ago

    Not a chance. Give or take.

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  • Nancy
    Lv 7
    2 months ago

    No. That would be a conflict of interest. If the defendant didn't make a motion to the court that the prosecutor recuse himself, the court upon learning that the prosecutor was a victim would recuse the prosecutor under Standard 3-1.7 of the criminal code. If a prosecutor prosecuted a case in which they were a victim but somehow was able to withhold that fact from the court, upon the court finding out, the prosecutor would be recused by the court, a mistrial would be declared, and the prosecutor would would face disciplinary action, which would likely include disbarment. If discovered after judgment, the judgment would be reopened and thrown out and a new trial ordered.

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