Americans can sue almost anyone for almost anything. But they can't sue prosecutors... Nearly 35 years ago, the U.S. Supreme Court ruled that prosecutors cannot face civil lawsuits over how they handle criminal cases in court, no matter how serious or obvious the abuses.Given the culture of frivolous lawsuits in this country, I can understand the reluctance to allow routine suits against prosecutors who merely lose their cases. In no way, however, should they have protection in instances of clear, willful violation of procedure or deliberate deception. Police and prosecutors are given literal powers of life and death in order to facilitate law and order. Absolutely no betrayal of that trust should be tolerated -- one strike, and you're out. Permanently.
A USA TODAY investigation documented 201 cases since 1997 in which judges determined that federal prosecutors had violated laws or ethics rules. Although those cases represent a small fraction of the tens of thousands that are filed in the nation's federal courts every year, judges found that the violations were so serious that they overturned convictions or rebuked the prosecutors for misconduct. Some of the abuses put innocent people in jail...
The latest test of the extent of prosecutors' immunity began with a December 1984 murder and a separate carjacking three weeks later in New Orleans. John Thompson was convicted of both crimes and sentenced to die for the murder. A month before his execution date, his lawyers discovered that prosecutors had deliberately covered up a police lab report that showed he could not have committed the carjacking. Then they uncovered still more evidence that undermined his murder conviction.
Regrettably, I'm not optimistic this will ever be a standard we approach.
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