Though traditionally used in civil cases there is no reason why criminal cases cannot be challenged pursuant to the doctrine of fraud upon the court. It is an unconscionable plan or scheme which is designed to improperly influence the court in its decision so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication when a prosecutor fails to disclose.
Though traditionally used in civil cases there is no reason why criminal cases cannot be challenged pursuant to the doctrine of fraud upon the court. It is an unconscionable plan or scheme which is designed to improperly influence the court in its decision so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication when a prosecutor fails to disclose.
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