Prosecuting the prosecutor: The makings of the Michael Morton Act

• We examine the outcome of the Michael Morton wrongful conviction case.
• The potential for misconduct in prosecutors’ offices are high and we examine this unique subculture.
• For the first time, the prosecutor in this case was criminal charged and served time in jail for his misconduct and wrongdoing in this case.
• Look at the new law passed on January 1, 2014 in Texas to try and combat this growing problem of prosecutorial misconduct.

Prosecutorial misconduct is not a rare event, but it often goes undetected, unreported, or no action is taken by the criminal justice system. However, when one Texas prosecutor, Ken Anderson, served jail time for wrongfully prosecuting an innocent man, Michael Morton, for murdering his wife, he made history. Anderson withheld exculpatory evidence leading to Morton wrongfully serving 25 years before being released with new DNA evidence. However, Anderson only served a five-day sentence and $500 fine. We discuss the case in the context of inequality and legal realism in the criminal justice system. Also, we look at the implications and new legal action taken by the state of Texas to try and combat this problem, along with looking at these secretive occupational subcultures.