Man Wrongly Convicted: Are Prosecutors Liable?

[upstatecajun]

When prosecutors violate the law to deprive a person of a fair trial, is vindication enough, or should the prosecutors be held liable for damages?

This week, a bitterly divided U.S. Supreme Court all but closed the door to such lawsuits. The 5-4 ruling came in the case of a New Orleans man who served 18 years in prison for a crime he did not commit.


http://www.tloforum.org/viewtopic.php?f=11&t=40

[GKirk]

1. The tough part, I would think...

...would be going after the prosecutor that was responsible. Chances are s/he is retired now.

[AlabamaLibrul]

2. Prosecutor should be held liable and there should be NO SoL on it. Happens too often. n/t

[inademv]

3. I think it would have to be on a case by case basis

If the prosecutor knowingly circumvented the law in order to get a conviction then I am all for the prosecutor being held account able for their conduct in terms of potential disbarment. As for monetary compensation to the wrongly accused, I believe the system in place is such that the state (or employer of the prosecutor) would/should be held liable.

But if the prosecutor followed all of the rules, even stupid ones that are unfair to the accused, then they should not be held personally liable. The laws/loopholes that they used should be dealt with in the proper manner but the ability for a lawyer to do their job free from pressures such as liabilities of bad evidence and the sort is a central part of what allows for a fair and just law system in the first place (ie: Adams, Josiah Quincy II, and Robert Auchmuty defending the British soldiers involved in the Boston Massacre).

[The Magistrate]

4. They Should Not Just Be Held Liable For Damages, Sir, Bur Face Criminal Charges

Ranging from attempted murder to conspiracy.

Until such steps are taken, malfeasance by prosecutors will not cease.

[rug]

5. +1

[Modern_Matthew]

6. Yes. The repercussions for wrongful conviction should be HARSH. nt

[ohheckyeah]

7. It depends on how the prosecutor

prosecuted the case. If the prosecutor deliberately skewed things and ignored evidence that would cast doubt on the case then yes. But, prosecutors don't convict anyone....juries do.