High Court Weighs Prosecutors' Immunity

High Court Weighs Prosecutors' Immunity : NPR

Nina Totenberg said:

The justices of the Supreme Court struggled Wednesday to figure out whether they should allow lawsuits against prosecutors for framing a suspect. Iowa prosecutors, backed by the federal government and prosecutors across the country, contend that there is "no freestanding constitutional right not to be framed."

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On the one hand, I am deeply troubled by the prospect of all the frivolous lawsuits a decision for the plaintiffs would lead to, paralyzing District Attorneys across the country and grinding our criminal justice system nearly to a halt.

On the other hand, in a just universe the smug bastard prosecutors in this case wouldn't be worried about whether or not they can be sued, they'd be worried about whether or not they'd be hanged.

The simple solution is to not have a lawsuit. The prosecutors should be criminally charged with obstruction of justice, conspiracy and whatever other crimes they committed and be chucked in prison. That way potential future lawsuits are avoided and justice is served.

I understand the functional side to having prosecutors being immune. However, if they do something as bad as purposefully withholding information, evidence, suspects, and using known lairs, it does seem that maybe there should be some procedure by which said prosecutor could be held to their misconduct. I think, however, that the Court will uphold the standard.

I believe prosecutors should be required to preform at a higher standard. I believe that if any person has been prosecuted and found guilty only to be proven innocent later the prosecutor in the case should serve a criminal sentence as well.

Sure people make mistakes but one must consider the possible devistating outcome that mistakes in such a position can cause. Lives wasted on a mistake is not something that most jobs include. This does not take into consideration the sheer amount of corruption in so many presecutors. So many simply do not care if you are innocent or not, for them its there job to push for a conviction regardless of the evidence and its left to the defence to make sure they cannot succeed. In so many cases they do not serve the people but instead serve there own careers at many innocent peoples expense, much like our politians.

Just wanted to add that I have been thru the system a couple of times and know first hand how out of control prosecutors have become. In one case I was charged for much much more serious charges then my actions deserved. My attorney told me that this was in fact nothing new that prosecutors use this as a tactic so that they have more room to work with in trying for a plea bargin. In other words they raise the price sky high so that when they finally do lower it and you are actually at the price you should be many people will feel they are getting a good deal and take it. But what happens many times when people who have no knowledge of how the system works? The may end up agreeing to punishment much harsher then what is warrented.

To me our judicial system should not be about bargining and shady tactics but instead be clear cut and stright forward.

I think if a Prosecutor knowingly frames someone he should face criminal charges and be sue in civil court. Its one thing if a prosecutor uses what ever evidence that has been collected to get a jury to convict someone,after all it his job to prove that the defendant did the crime that he or she is accused of. However if he deliberately uses bogus evidence,withholds evidence, or uses false witnesses then he should be criminally charged(preferable what ever sentence he was trying to hand the accused or multiple sentences if it involves multiple accused) and then the individual who was framed should be allowed to to sue in civil court after the prosecutor has been found guilty in a court of law(after all just the state saying I'm sorry and throwing someone else in prison is not going to make up for the lost years). A prosecutor's job is important,however no job is so important that an individual can be free to do what ever the hell they want.