Prosecutorial misconduct and absolute immunity

[Balog]

http://www.huffingtonpost.com/2013/08/01/prosecutorial-misconduct-new-orleans-louisiana_n_3529891.html?view=print&comm_ref=false

Summary: prosecutors routinely violate the law in order to falsely convict, this is generally not found out, when it is they are almost never sanctioned in any way, in fact it generally helps their career, and it is almost impossible to hold them or the municipality they work for civilly liable.

I'm really growing more open to the idea of a return to monarchy and hereditary nobility. Basically the same as what we have now, but upfront and honest about it and with an instilled sense of noblesse oblige instead of a culture of destroying the lives of the lesser to further oneself.

[HankB]

. . . I'm really growing more open to the idea of a return to monarchy and hereditary nobility. Basically the same as what we have now, but upfront and honest about it and with an instilled sense of noblesse oblige instead of a culture of destroying the lives of the lesser to further oneself.

Noblesse oblige? From the like of what we've got now?

More likely, we'd get Droit du seigneur.

(Think of how a Barney Frank would exercise this.     )

[roo_ster]

No immunity for anyone.  Everyone subject to the same rules, personally, WRT civil and criminal infractions/abuses.

[zahc]

It's not surprising; I mean, a 1st grader can predict what will happen when you combine human nature with immunity.

[Azrael256]

No immunity for anyone.  Everyone subject to the same rules, personally, WRT civil and criminal infractions/abuses.

Disagree completely.  Breach of the public trust should be an aggravating factor with treble damages/sentences.

[T.O.M.]

Disagree completely.  Breach of the public trust should be an aggravating factor with treble damages/sentences.

That actually is one of the better ideas I've heard on this topic.  Removing immunity isn't a great idea.  I was sued probably 8 or 10 times while I was a prosecutor.  They were, fortunately, all crap suits, which were dismissed based on the immunity.  But, I also believe that if you break the rules of the profession, then you should lose.  Big time.  It wouldn't be too hard.  Lawsuit filed, alleges breach of public trust/violation of rules of prosecutor conduct.  If a prosecutor did the job right,  the case would likely be disposed of with something like a summary judgment motion.  Can't prove you did it right, then the case proceeds.

[tokugawa]

When scum breaks the law, that is the end of it. They never promised anything else, and we should expect no  better.
When an official , who has SWORN AN OATH TO UPHOLD THE CONSTITUTION, breaks the law, they have not only broken the law in question, but broken their sworn oath, thus robbing the public trust.

[just Warren]

How about adding anther type of verdict?

Guilty, Not Guilty or Factually Innocent. If it comes back as Factually Innocent then a suit could be brought and the prosecutor would have to defend his decision. Any finding that exculpatory evidence or testimony was suppressed\tampered with would be an enhancement if there is a conviction.

Or maybe do away with the system we have now and go with a straight tort system. Bring back outlawry and enable private judges and so forth.

[RoadKingLarry]

My position is that those guilty of prosecutorial misconduct should be sentenced to serve the same sentence they tried to wrongly impose, up to and including the death penalty.

[cassandra and sara's daddy]

My position is that those guilty of prosecutorial misconduct should be sentenced to serve the same sentence they tried to wrongly impose, up to and including the death penalty.

that would break em of sucking eggs

damn phone

[Waitone]

My position is that those guilty of prosecutorial misconduct should be sentenced to serve the same sentence they tried to wrongly impose, up to and including the death penalty.

Necessary but not sufficient.  The apparatus that supports the prosecutor must be included.  Case in point Nyfong.  He was professionally destroyed (disbarred, bankruptcy, etc.) yet suffered no evident legal consequences.  Matter of fact there is a budding movement to restore Nyfong professional tickets . . . . all as a matter of justice.  Meanwhile I can't even find the name of the medical examiner who professionally and technically made Nyfong's malfeasance possible.

[Hawkmoon]

Disagree completely.  Breach of the public trust should be an aggravating factor with treble damages/sentences.

Yeppers.

And Nancy Grace should be required to turn over 90 percent of her salary to charities that defend innocent people against disreputable prosecutors. (Yes, she was one who played those tricks. She was sanctioned more than once ... and look where it got her.)