I understand your worries about mob justice, but I think they are misplaced. Ordinarily, mens rea is necessary for any kind of criminal liability. Mens rea co

I understand your worries about mob justice, but I think they are misplaced. Ordinarily, mens rea is necessary for any kind of criminal liability. Mens rea comes in a bunch of different flavors, and different crimes are committed depending on the flavor. For example, if you kill someone, it is murder if you purposefully killed them, but could be manslaughter if you were merely reckless. So, you can prosecute a prosecutor who knowingly withholds forensic evidence, and the prosecutor next door who is reckless and throws evidence out will just lose his job. You even have to establish beyond a reasonable doubt that the prosecutor was knowingly withholding forensic evidence. That is how criminal law ordinarily works.