Oy Vey!
Oy Vey!
But qualified immunity.. Not every prosecutor will pull a Binger
But qualified immunity..
Not every prosecutor will pull a Binger
Won't pass constitutional muster. The court will strike it down if it passes, but I can't imagine a bunch of law making lawyers will pass a law that gets lawyers in trouble for prosecuting people.
Qualified immunity is used by the legal system to protect prosecutors and ensure they aren't pressured to drop cases.
Won't pass constitutional muster. The court will strike it down if it passes, but I can't imagine a bunch of law making lawyers will pass a law that gets lawyers in trouble for prosecuting people.
Qualified immunity is used by the legal system to protect prosecutors and ensure they aren't pressured to drop cases.
Qualified immunity ends the second constitutional rights are violated. It is by definition constitutional. Malicious prosecution is already a crime.
Qualified immunity ends the second constitutional rights are violated. It is by definition constitutional. Malicious prosecution is already a crime.
Prosecuting someone that a judge has determined there was probable cause to warrant is not a rights violation. If the prosecutor lied about evidence at a probable cause hearing, that would be one thing, but trying to get a conviction on a weak case is not going to be grounds for a prosecutor getting pinched.
Prosecuting someone that a judge has determined there was probable cause to warrant is not a rights violation. If the prosecutor lied about evidence at a probable cause hearing, that would be one thing, but trying to get a conviction on a weak case is not going to be grounds for a prosecutor getting pinched.
Say it with me, Malicious prosecution. The fact a crime exists invalidates your position in its entirety. That's why it exists.
Say it with me, Malicious prosecution. The fact a crime exists invalidates your position in its entirety. That's why it exists.
Malicious prosecution is already a crime
And as rare as the Amur Leopard!
> Malicious prosecution is already a crime
And as rare as the Amur Leopard!
Which is entirely a different issue. Thus the law.
Which is entirely a different issue. Thus the law.
It's hard for me to get behind handing over taxpayer money, although I recognize being the victim of a malicious prosecution can cost a lot. Ideally, you'd want a law that discourages these prosecutions in the first place! Take it out of the prosecutor's pocket. These laws that try to solve everything with someone else's money tend to absolve the real perps while the problem they ostensibly address continues.
It's hard for me to get behind handing over taxpayer money, although I recognize being the victim of a malicious prosecution can cost a lot. Ideally, you'd want a law that discourages these prosecutions in the first place! Take it out of the prosecutor's pocket. These laws that try to solve everything with someone else's money tend to absolve the real perps while the problem they ostensibly address continues.
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