Prosecution Question

[ButterflyBandit]

What is the name of your state? North Carolina

I was wondering what the procedure would be if a prosecutor was placed in the position of having to prosecute someone accused of killing one of the prosecuting attorney's stepchildren? Would he be removed for a conflict of interest? Would a special prosecuting attorney be brought in?

If a special prosecuting attorney would be brought in, could it be someone who is in any way connected to the family, such as the ex-boyfriend of the deceased's sister?

Thanks for any replies!

[outonbail]

I don't believe any DA or prosecuting attorney is going to take on a case where they hold a close tie to the victim or the defendant. To do so is opening the door for the defendant to have a guilty verdict thrown out and the whole affair declared a mistrial.

The defense attorney would certainly object to such a situation. The same holds true for the judge and jury hearing the case, they are not considered impartial if they are related to, or friends with either a victim or defendant.

Replacing a prosecuting attorney who happens to be related to the victim with one who's a friend of the victim, is not accomplishing anything.

[FlyingRon]

Lawyers, prosecutors and otherwise, and judges oft recuse themselves when there is a potential conflict of interest. It's no big thing. If it's so pervasive (like for instance in the Duke Lax case) one is brought in from outside the organization.

[seniorjudge]

Originally Posted by ButterflyBandit

What is the name of your state? North Carolina

I was wondering what the procedure would be if a prosecutor was placed in the position of having to prosecute someone accused of killing one of the prosecuting attorney's stepchildren? Would he be removed for a conflict of interest? Would a special prosecuting attorney be brought in?

If a special prosecuting attorney would be brought in, could it be someone who is in any way connected to the family, such as the ex-boyfriend of the deceased's sister?

Thanks for any replies!

What is the conflict of interest?

[ButterflyBandit]

It's a very, very small place, where practically everyone knows everyone else.

However, you guys have helped me out a great deal. Thanks!