It is a difficult area. Do you think that prosecutors should be opened up to more civil and criminal liability? Under what circumstances. I think there is an argument for it when a prosecutor willfully and knowingly destroys exculpatory evidence or prosecutes an innocent person, but what about when the prosecutor is acting in good faith?
Showing posts with label Prosecutorial Immunity. Show all posts
Showing posts with label Prosecutorial Immunity. Show all posts
Friday, September 13, 2013
It is a difficult area. Do you think that prosecutors should be opened up to more civil and criminal liability? Under what circumstances. I think there is an argument for it when a prosecutor willfully and knowingly destroys exculpatory evidence or prosecutes an innocent person, but what about when the prosecutor is acting in good faith?
Wednesday, May 9, 2012
Prosecutorial Immunity
Famed criminal defense attorney and co-director of the Innocence Project, Barry Scheck, wrote an editorial in The Statesman. In it, he argues that there should be increased accountability for prosecutors who intentionally withhold exculpatory evidence.
Here is a response to Mr. Scheck from a prosecutor.
If you asked 100 people, you would have 100 different responses about what prosecutorial misconduct is. Is it inflammatory comments on summation? Failing to disclose exculpatory evidence? Failing to seek out exculpatory evidence the prosecutor didn't know about? Failure of the police to disclose evidence to the prosecutor?
We want prosecutors to make decisions that are not affected by self-interest or fear of recrimination. We also want prosecutors to act appropriately and turn over every piece of evidence that may exculpate a person. Prosecuting is not a win at all costs job. We are tasked with always doing the right thing, no matter how unpopular it is.
It is extremely rare that a prosecutor can be held civilly liable. It is even rarer for the prosecutor to be held criminally liable. In Texas, a criminal case is progressing against a former prosecutor turned judge.
Cases such as this grab headlines. Wrongful convictions generate traffic to websites and allow comments and experts to rail against police and prosecutors. Where are the stories of police acting appropriately? What about when a conviction is upheld because the prosecution was fair and no rights were violated. In truth, the majority of criminal cases (pleas and trials) are upheld on appeal. Most are not determined to be wrongful convictions.
As I've said before, groups like the Innocence Project do great, necessary work. We just can't forget about the people on the other side who also do great, and necessary work.
Here is a response to Mr. Scheck from a prosecutor.
If you asked 100 people, you would have 100 different responses about what prosecutorial misconduct is. Is it inflammatory comments on summation? Failing to disclose exculpatory evidence? Failing to seek out exculpatory evidence the prosecutor didn't know about? Failure of the police to disclose evidence to the prosecutor?
We want prosecutors to make decisions that are not affected by self-interest or fear of recrimination. We also want prosecutors to act appropriately and turn over every piece of evidence that may exculpate a person. Prosecuting is not a win at all costs job. We are tasked with always doing the right thing, no matter how unpopular it is.
It is extremely rare that a prosecutor can be held civilly liable. It is even rarer for the prosecutor to be held criminally liable. In Texas, a criminal case is progressing against a former prosecutor turned judge.
Cases such as this grab headlines. Wrongful convictions generate traffic to websites and allow comments and experts to rail against police and prosecutors. Where are the stories of police acting appropriately? What about when a conviction is upheld because the prosecution was fair and no rights were violated. In truth, the majority of criminal cases (pleas and trials) are upheld on appeal. Most are not determined to be wrongful convictions.
As I've said before, groups like the Innocence Project do great, necessary work. We just can't forget about the people on the other side who also do great, and necessary work.
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