Tuesday, July 2, 2024

Law in Failure: Prosecutorial Immunity Is Absolute, Despite Intentional Misconduct

 The innocent defendant spent 2 years in prison. The prosecutor told a witness to destroy exculpatory letters after a court order to produce them for the defense. The defendant sued the prosecutor. The Supreme Court granted absolute immunity to the prosecutor. Here. Libertarian magazine agrees. The judge can sanction the rogue prosecutor. The disciplinary counsel may as well for violating the special duties of the prosecutor. In reality, they never do, engaging in a collusion and a massive cover up of massive lawyer violations of the Rules of Conduct. 
  
Liability shrinks an enterprise. Immunity grows an enterprise. These decisions are unauthorized industrial planning. They are the job of a legislation. The legislation should keep out of it, since all industrial planning usually fails. Immunity should, at least, be limited to new, growing, and struggling enterprises. Examples are the early railroads and the internet in the 1990's. Once large and mature, all immunity should be removed. Criminal Prosecution is large, mature, established for 1000's of years. Neither judges nor prosecutors should be legally immune. Because of the dangerous nature of their acts, they qualify for strict liability. However, professional standards of due care will help them police themselves. An expert in their business would be required to testify they deviated from professional standards of due care. 

I would be interested in finding a case where an immune party was subjected to violence. I owuld like to introduce the superior, and compelling nature of formal logic into the legal system. The contrapositive of a true assertion is always also true. All bats are mammals (A then B is true). This animal is not a mammal, it cannot be a bat (not B then not A must be true, the contrapositive). Reviewed here

If you believe that legal liability replaced endless cycles of revenge violence, then legal immunity justifies endless cycles of revenge violence. I would like to make that point in an amicus brief for the defense of a violent act against an immune party. Legal liability was an invention that made civilization possible. One could stop spending all day on self protection and on retaliation for aggression by others. 


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