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I agree with everything you say here. At least in the State of WA, I think prosecutors have qualified immunity and can be sued or charged for Brady violations.

I agree with everything you say here. At least in the State of WA, I think prosecutors have qualified immunity and can be sued or charged for Brady violations. I think one of the biggest 'frauds' is the churn in the lower courts. It often seems like judges, clerks, public defenders, and prosecutors are pretending they are doing something helpful or important while the repeat defendants think of the whole situation as a joke. I get a kick out of seeing judges sternly reprimanding attorneys or defendants for being 10 minutes late to the start of a cattle call hearing while they must know the entire enterprise is meaningless kabuki theater.

jimz 6y ago
Sadly, in theory this is true but over the last 20 years there had been two - yes, TWO - cases where a prosecutor was prosecutoed for misconduct that materially prejudiced the outcome of the trial. Both required more than just Brady but also outright fraud. For all intents and purposes under the current system, it's very much a case of two egregious outliers covering the entire dataset in terms of prosecutions. I will believe it when I see it if intentional bad conduct will actually get challenged, and I'm not holding my breath. Power tends to self-perpetuate and this is simply the apotheosis of the unchecked exercise of power. The two cases mentioned above: https://digitalcommons.pace.edu/ https://digitalcommons.pace.edu/ cgi/viewcontent.cgi?article=1635&context=lawfaculty