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A strong argument for limiting prosecutorial immunity

By Douglas A. Berman

In this commentary over at Reason, titled "Suing the DA: Should prosecutors be immune from civil lawsuits?", Radley Balko makes a strong case for affording prosecutor only qualified immunity, rather than absolutely immunity, for their official behavior.  Here are excerpts from the strong piece:There's plenty of evidence that this [absolute immunity] shield from accountability is allowing some prosecutor's offices to run roughshod over civil rights. The New York-based Innocence Project reports that prosecutorial misconduct played a role in about 40 percent of DNA exonerations over the last decade or so. Such misconduct could include knowingly putting on false testimony, withholding exculpatory evidence from defense attorneys, and coercing witnesses, among other transgressions...continue to full post

Full post as published by Sentencing Law and Policy on April 26, 2008 (boomark / email).