Ethics

The Problem of Lawless Prosecutors

By Ed Brayton

Balko caught this and it's a very good question:

Since the state bar won't discipline them, there's no criminal sanction for withholding evidence, and the US Supreme Court has ruled that they carry no civil liability, what should happen to prosecutors who cheat to get a conviction? What other options are there for reining in such behavior?

The obvious answer: throw them in jail. That is the proper thing to do with a prosecutor who withholds evidence from defense attorneys. They are undermining the rule of law and they are responsible for imprisoning innocent people. That is an incredibly heinous act and the punishment should be quite severe for it.

Full post as published by Dispatches from the Culture Wars on February 12, 2009 (boomark / email).