“The prosecutor has more control over life, liberty and reputation than any other person in America.” – Former U.S. Attorney General and Supreme Court Justice Robert H. Jackson.
Prosecutorial misconduct occurs when a prosecutor intentionally breaks a law or a code of professional ethics while prosecuting a case.
In 2013, ProPublica reporter Joaquin Sapien issued a report on New York City prosecutors. Sapien examined New York state and federal court rulings between 2001 and 2011 and found thirty cases in which “judges explicitly concluded that city prosecutors had committed harmful misconduct.”
However, in all of the cases Sapien reviewed, only one prosecutor was removed from office for misconduct. He was only removed when he did it again. Although many cases were just as bad, the prosecutors were not sanctioned.
There are no reliable systems for holding prosecutors accountable for their misdeeds.
Under current United States Supreme Court precedent, prosecutors are frequently granted “immunity” from civil lawsuits. You can’t sue them.
It’s difficult to find proof when they hide exculpatory evidence because the evidence and misconduct are intended to stay hidden.
FORMER US ATTORNEY BRETT TOLMAN
Former US Attorney for Utah Brett Tolman made a point last night on Mark Levin’s Fox show that everyone should be aware of—prosecutors can easily abuse their powers, and they do.
“We have given power to prosecutors without an accompanying ability to hold them accountable when they abuse that power,” Tolman said. “The ethics violations are neutered by the position that he’s in and the ability that he has to control the narrative.
“We’ve expanded immunity so that now we can’t hold them personally responsible when they do use their office as a weapon against someone they might not like, or they have a vendetta against.”
“Clarence Thomas on the Supreme Court has agreed with this and has said that immunity needs to be narrowed and it needs to be reined in so that we can start to hold these individuals accountable that are willing to abuse their power.”
Mark Levin added, “It’s interesting the state gives itself immunity, gives its own prosecutors expansive immunity, and yet the Constitution has built the Bill of Rights to protect the individual and certain key parts of the Bill of Rights intended to protect the individual under circumstances like this.”
Prosecutors are a good place to start reformation to get our justice system back.
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