Prosecutorial abuse is unfortunately a widespread problem in the US. Any practical suggestions what to do to lessen its frequency?
Are charges of prosecutorial misconduct ever actually brought? I hear defendants griping about it all the time, but I never hear of any DAs being brought up on it. I get the impression that a DA is essentially immune from prosecution.
This might not qualify as a "practical" suggestion but the first step is to figure out how to insulate the DA, at least in some sense, from political temptation. More often than not, and as people are sensing in the Duke case, misconduct is the product of forthcoming elections or other aspirations. How to fix it is another question; as long as the DA's office is a stepping stone to higher office, and big convictions the path to book deals and Fox News spots, we're probably stuck.
The old saying in Pennsylvania was that the DA could get the Grand Jury to indict a ham sandwich.
Isn't malicious prosecution a crime? I'm not sure how it would be pursued, but I am prety sure a judge can dismiss a case with prejudice against the prosecution and recommend that the bar association take some action.
At least in my state (Missouri),a prosecutor has immunity against civil suits unless it can be proved that he acted maliciously, or that his motivation was based on something other than his sworn duties. If the same applies in NC, the DA could be stripped of his immunity if it is proven he acted with malice and can be subject to awards of actual and punitive damages (and the state and perhaps county as well under the doctrine of repondeat superior). However, the threshhold of proof is rather high.
With the media circus surrounding this case I can't imagine bringing a case they don't feel they can win...