Professional misconduct relates to how the police and prosecution handle a case, as well as the diligence with which the defence is mounted. Procedural issues relating to how a case is tried can have terrible consequences for wrongful convictions.
Though Innocence Canada understands that the vast majority of lawyers and police act with the best of intentions, they can inadvertently mishandle a case. Defence council, especially those provided to lower income individuals, are often overworked and have a much higher case-load than is sustainable. This effect of being spread too thin could lead to mistakes in judgement.
Police also face many pressures when investigating high profile cases. These can come from the public, their superiors, the media, and the victim’s family and friends. While studies have shown that putting some pressure on people could be beneficial and increase productivity, too much pressure can have the opposite effect and lead to tunnel vision.
The withholding of evidence by the prosecution is an example of professional misconduct. With few exceptions, the accused and his or her counsel have access to all evidence the Crown has, including exculpatory evidence. Similar to police, prosecutors also face institutional pressure that could lead to misconduct.
Our system benefits the ultimate search for the truth by all parties involved. Remaining objective, working collaboratively, and transparent reporting can help to mitigate instances of professional misconduct.