Prosecutors Cannot Face Civil Lawsuits for Misconduct, Even If They

question 60

Essay

Prosecutors cannot face civil lawsuits for misconduct, even if they have deliberately sent an innocent person toprison. In practical terms, prosecutors are given this blanket of immunity based on the belief that prosecutors should not live in fear of "getting it wrong." A recently released federal inmate whowas wrongfully arrested, convicted, and later exonerated for a rape and murder he did not commit, has decided tofile a federal civil rights lawsuit against the federal prosecutor whotried his case. As a federal civil rights attorney you agree toat least review his case, and investigate further tosee if others had been knowingly and wrongfully prosecuted by this DA. After six months of intensive research, you have uncovered a lengthy list of wrongful prosecutions by this federal prosecutor. In fact, seven men, six of whom were African American like your client, were wrongfully convicted and later released from prison for violent crimes they did not commit. Some of these men had served over a decade or more in federal prison for crimes they did not carry out. As a civil rights attorney, knowing what you now know, doyou take the case under the assumption that it may be impossible todethrone this federal prosecutor and hold him accountable, or doyou walk away? Please explain your answer.

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Definitions:

Empirical Reasoning

The process of reasoning based on observed and measured phenomena, used to form conclusions that are based on empirical evidence.

Heuristic

A practical approach or method used to solve problems quickly or to make judgments, based on experience and less-than-complete data.

Cosmos TV Series

A popular science documentary series exploring the universe, its origins, and the laws of nature, initially hosted by Carl Sagan and later by Neil deGrasse Tyson in its latest versions.

Natural Phenomena

Events or situations that occur in the natural world and are not caused by human beings.