Credit: moodboard/Adobe Stock Prosecutorial Immunity and the Framework for Its Death
This article proposes a solution to prosecutorial immunity for the civil rights plaintiffs' bar. It is a path that allows victims of prosecutorial misconduct to recover damages for malicious prosecutions while, at the same time, paying heed to the legitimate interest in allowing prosecutors to focus on their difficult jobs without being stymied by the fear of lawsuits.
January 02, 2024 at 10:30 AM
7 minute read
Suppose it is two days before a murder trial, and a criminal case has recently been weakened by the suppression of valuable evidence. Without this physical evidence, the prosecution rests upon a witness who simply heard gunshots and saw a group of men scattering—hardly a fool proof case that one of the scatterers was the gunman. The prosecutors can and should dismiss the case pretrial, knowing they lack sufficient evidence to convict.
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