2 ms·
Two things: 1. I suspect the genisis of this immunity was to inoculate prosecutors from coercion by politicians - which is probably a good thing. But I would b
by rbcgerard 13y ago
Two things:
1. I suspect the genisis of this immunity was to inoculate prosecutors from coercion by politicians - which is probably a good thing. But I would be curious to know about the logic behind it.
2. While perhaps it might be worthwhile to have some level of immunity that logic frays somewhat when acts that would generally be considered immoral and perhaps criminal are unaddressable.
- vilhelm_s 13y agoThe "absolute immunity" for prosecutors was established in Imbler v. Pachtman (1976). The logic is that if prosecutors could be sued by people they accused but failed to convict, that "would cause a deflection of the prosecutor's energies from his public duties, and the possibility that he would shade his decisions instead of exercising the independence of judgment required by his public trust." (http://scholar.google.com/scholar_case?q=Imbler+v.+Pachtman&hl=en&as_sdt=2,14&case=5758861728040203406&scilh=0 http://scholar.google.com/scholar_case?q=Imbler+v.+Pachtman&...)
- rbcgerard 13y agointeresting, thank you!