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High court weighs immunity afforded to prosecutors
Washington Post ^ | 11/05/2009 | Washington Post

Posted on 11/06/2009 12:22:05 AM PST by The Magical Mischief Tour

The case before the Supreme Court on Wednesday sounded like a television movie, a tale of wrongful imprisonment and the slow, inexorable wheels of justice. Prosecutors under pressure to close the case of a cop killer settle on two young African Americans.

They fabricate evidence, coerce perjury and bury the investigation of a white suspect.

A sympathetic prison barber unearths the investigative records that eventually lead courts to free the convicted men after years behind bars. And the men seek retribution for the prosecutors who framed them.

But here's the twist: The prosecutors say that they can't be sued for anything they do in their official capacities, even framing suspects.

It is not an argument outside the legal mainstream. The federal government, a majority of states and thousands of prosecuting attorneys are supporting the proposition that prosecutors must receive absolute immunity for their actions at trial to do their jobs properly.

And that extends, they say, to any investigative work they do before the suspect is charged. On Wednesday, justices were both supportive of the concept and appalled at its application. "So the law is: the more deeply you've involved in the wrong, the more likely you are to be immune?" Justice Anthony M. Kennedy asked the attorney for the two former prosecutors. "That's a strange proposition." Justice John Paul Stevens called it "perverse."

But Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr., a former U.S. attorney, said prosecutors must have protection from lawsuits or they would be open to being hauled into civil court by any criminal they put away.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Crime/Corruption; Front Page News; Government
KEYWORDS: abuseofpower; docket; maliciousprosecution; misconduct; nifonging; officemisconduct; prosecutorialabuse; prosecutors; scotus

1 posted on 11/06/2009 12:22:05 AM PST by The Magical Mischief Tour
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To: The Magical Mischief Tour

So where was the Washington Post when an out-of-control prosecutor in the Duke lacrosse case concealed DNA evidence to try to wrongfully convict white college students of raping a black woman?

Oh wait, the people had the wrong skin color in that case.


2 posted on 11/06/2009 12:38:39 AM PST by SirJohnBarleycorn
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To: The Magical Mischief Tour

Immunity from Prosecutorial Misconduct?

I think not.


3 posted on 11/06/2009 12:39:12 AM PST by truth_seeker
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To: The Magical Mischief Tour

I am going to have to think about this one.

Normally I would side with the prosecutors, but there have been too many cases recently where government officials have knowingly and maliciously fabricated things.


4 posted on 11/06/2009 12:44:28 AM PST by Ronin (Better an avowed enemy in front of me than a potential traitor beside me. NO RINOS!)
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To: Ronin
What kind of law would give a prosecutor carte blanche do whatever they wanted with immunity? It's ridiculous to think our laws could stand such a thing.
5 posted on 11/06/2009 1:13:33 AM PST by nickcarraway
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To: The Magical Mischief Tour

This will not have a happy ending.


6 posted on 11/06/2009 1:38:20 AM PST by Gator113 (Obamba, Reid, Pelosi, the socialist triad.)
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To: nickcarraway

But you don’t understand, It is necessary that you be Guilty.


7 posted on 11/06/2009 1:40:14 AM PST by SwedeBoy2
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To: Ronin
Normally I would side with the prosecutors, but there have been too many cases recently where government officials have knowingly and maliciously fabricated things.

Don't forget about the idiot in Texas who used his position as a prosecutor to run Tom Delay out of the U S Senate.

8 posted on 11/06/2009 1:48:14 AM PST by Retired COB (Still mad about Campaign Finance Reform)
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To: nickcarraway
That's my thinking in a nutshell.

And, while I don't think that civil suits against prosecutors is a good idea, there definitely needs to be a mechanism whereby prosecutors and judges who abuse the powers entrusted to them can be brought to justice.

Yes, some currently exist, but they are nowhere near strong enough (in my not so humble opinion) and the judges and prosecutors do not face much in the way of genuine sanction.

At the bare minimum, a prosecutor guilty of knowingly sending an innocent man to prison should be incarcerated for AT LEAST as long as the innocent man was.

In fact, you can make a case that a prosecutor that causes an innocent man to be sentenced to death has, at the very least, committed attempted murder and should be subject to the same penalty.

In cases where an innocent man is executed under the same circumstances -- the prosecutor should also be sentenced to die.

9 posted on 11/06/2009 1:53:01 AM PST by Ronin (Better an avowed enemy in front of me than a potential traitor beside me. NO RINOS!)
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To: Ronin

Tell them: jailed or shot, you choose.


10 posted on 11/06/2009 2:59:41 AM PST by Shimmer1 (Froggie sez water nice and warm)
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To: The Magical Mischief Tour

Absolute prosecutor immunity has always been one of my pet peeves. Ambitious prosecutors should not be protected from framing up the innocent based upon manufactured testimony and fabricated evidence. They should only have limited liability - the same as the police.


11 posted on 11/06/2009 4:07:59 AM PST by LuxAerterna
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To: Ronin
At the bare minimum, a prosecutor guilty of knowingly sending an innocent man to prison should be incarcerated for AT LEAST as long as the innocent man was.

This principle is found in the Law of Moses, BTW.

I agree completely. Often difficult, of course, to prove whether the guy was intentionally framing the defendnt or honestly mistaken about his guilt.

There is always tremendous pressure to fabricate or spin evidence to convict someone you "know" is guilty but against whom the evidence isn't quite good enough.

12 posted on 11/06/2009 4:09:20 AM PST by Sherman Logan ("The price of freedom is the toleration of imperfections." Thomas Sowell)
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To: The Magical Mischief Tour

KNOWINGLY suppressing exculpatory evidence should subject the prosecutors to the same sentence that the “perp” received or would have received.


13 posted on 11/06/2009 6:23:15 AM PST by JimRed ("Hey, hey, Teddy K., hot enough down there today?" TERM LIMITS, NOW AND FOREVER!)
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To: Sherman Logan
***There is always tremendous pressure to fabricate or spin evidence to convict someone you "know" is guilty but against whom the evidence isn't quite good enough.****

Big problems with your last sentence..."know" someone is guilty is no excuse for falsely going to court to prove without sufficient evidence..

Prosecutors "knowing" has changed my opinion on the death penalty...too many prosecutors "knowing" put innocent men in jail...It can be a stepping stone to higher office for some of these scum bags......

14 posted on 11/06/2009 12:28:32 PM PST by goat granny
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To: goat granny

Quite true.

However, in probably most cases of this type the guy may be innocent of the particular crime with which he is charged, but is not an “innocent person” in the usual sense of the term. He is probably a career criminal.

There is an element of poetic justice in a guy who commits hundreds of crimes and gets away with it being locked up for something he didn’t do.


15 posted on 11/07/2009 6:27:46 AM PST by Sherman Logan ("The price of freedom is the toleration of imperfections." Thomas Sowell)
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