High Court Weighs Prosecutors' Immunity
source: http://www.npr.org/templates/story/story.php?storyId=120098210
For most Americans, that's a breathtaking proposition. For Terry Harrington and Curtis McGhee, it's more than that.
The men, both African-American, served 25 years of a life term before the Iowa Supreme Court overturned their convictions for murder. The state's highest court said that the key witness against them was a known "liar and perjurer," and that prosecutors had withheld evidence that pointed to a different suspect in the crime. Harrington and McGhee sued, contending that police and prosecutors had worked to frame two teenagers from across the state line, while ignoring good evidence that implicated a white suspect who was the brother-in-law of the local fire chief.
Reasons For Immunity
Representing the Iowa prosecutors, lawyer Stephen Sanders says there are good reasons for prosecutorial immunity. Without it, he says, there would be a flood of lawsuits. "What you'll have is that everyone who believes that they were wrongly convicted will file lawsuits, and prosecutors will do nothing all day but defend themselves against meritless litigation," Sanders says.
On the steps of the Supreme Court on Wednesday, though, Harrington said he is more worried about the victims of prosecutorial misconduct. "I know what happened to me," he said. "And there should be concern about it because it's not OK to frame someone for murder in the United States."
When Harrington was arrested, he was 17, captain of his high school football team, and being recruited for a possible scholarship at Yale. Less than two years later, convicted by an all-white jury, he was sentenced to life without parole. "The very first day I went to prison, I was devastated," Harrington recalled on Wednesday. "I cried, and I cried, and I cried. But you have to stay focused. This is what I was looking forward to. Being right here, right now, today, is what kept me all those 25 years I was in prison."
Harrington sat with his daughter and girlfriend as the lawyer for the prosecutors pointed to a long line of Supreme Court decisions that say prosecutors are immune from civil lawsuits for their actions at trial. The question posed was whether prosecutors who work side by side with police at the investigative stage of a case are also immune, even though the police are not.
Separating Case's Investigative, Trial Phases
Sanders, the prosecutors' lawyer, told the justices that it is impossible to separate the investigative phase of a case from the trial because without a conviction, there is no deprivation of liberty for the defendant, and he has no legal claim that his constitutional rights were violated.
Justice Anthony Kennedy immediately pointed to a 1993 Supreme Court ruling that said prosecutors can be sued for their actions before charges are filed. "Your case here is just a polite way of telling us we wasted our time" in that decision, said Kennedy, that we were "just spinning our wheels?"
Justice Sonia Sotomayor, who spent five years as a Manhattan prosecutor, also seemed unsympathetic. Why can't you separate the fabrication of evidence pre-trial, she asked, from the use of the evidence at trial?
Because, said Sanders, it all leads to the wrongful conviction at trial, and under established law, a prosecutor is free to willfully bring criminal charges based on "good evidence, bad evidence, or no evidence at all." The established law, said Sanders, is that the prosecutor is immune regardless.
Justice Ruth Bader Ginsburg was skeptical. If this fabrication had not occurred, she observed, there never would have been any trial at all.
U.S. Government Position
Siding with the prosecutors in court Wednesday was the U.S. government, represented by Deputy Solicitor General Neal Katyal. Like Sanders, Katyal asserted there is no constitutional right not to be framed.
If prosecutors are immune, asked Justice Antonin Scalia, how do you get the policeman who has fabricated evidence? Sanders replied that the policeman is liable because he is passing the fabricated evidence to an "innocent prosecutor."
Kennedy followed up, asking, "What if the prosecutor knows the evidence is fabricated?" Sanders said that even then, the prosecutor would be immune from any lawsuit.
So, said Kennedy, "the more aggravated" the wrong, "the greater the immunity."
That prompted Sanders to say that prosecutors shouldn't have to worry at trial about being sued or else they would "flinch" and "not introduce evidence." Sotomayor seemed incredulous: "You want to send that message?" she asked. Don't you want prosecutors "not merely to flinch, but to stop when they believe evidence is fabricated?"
At this point in the argument, it looked like there might be at least five votes against the prosecutors in this case.
Prosecutorial Immunity
The worm seemed to turn a bit, though, when Paul Clement, former solicitor general in the Bush administration and now the lawyer for the wronged defendants, tried to define where to draw the line on prosecutorial immunity.
Leading the charge against Clement's position were Chief Justice John Roberts and Justice Samuel Alito, both recent Bush appointees. Alito, who served for seven years as a federal prosecutor, asked the most practical question. Suppose, for example, a prosecutor is investigating an insider-trading case, and the chief financial officer tells one story, then under pressure, tells another, and in exchange for a lighter sentence, implicates the CEO of the company. Could the prosecutor be sued later?
What is missing in that scenario, Clement replied, is fabricated evidence, and any action by the prosecutor prior to indictment.
Alito theorized that the defense might view the evidence as fabricated, and, he observed, the prosecutor, before taking the case to the grand jury, may well want to "look the witness in the eye" to see whether he is "credible."
"I'm worried about what Justice Alito brought up," chimed in Justice Stephen Breyer. "All things being equal, I think it's probably a good thing to get prosecutors involved in the questioning process" early. "That has kind of a check on police."
Clement replied that if you don't have probable cause to arrest an individual, then police and prosecutors should be engaging in the "truth-seeking function." But once you have probable cause to believe this is the person "whodunit," then the prosecutor has a job to do, to put on a case, and at that point, he has immunity for his actions.
By the end of the argument, all that was clear was that this was a case of line-drawing to make the justices squirm.
http://www.npr.org/templates/story/story.php?storyId=120098210
http://www.radiorebelde.cu/cinco/imagenes/cinco-infografia-09.jpg
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- groups:
- Community, Current Cultural Issues, Law and Justice
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- tags:
- Justice, Supreme Court, immunity, Misconduct, 1 more
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MotherForTruth
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Unfortunately public rather blindly believe in our corrupt justice system and put this worrisome thought out of their minds. Even when the tragedy touches them personally and they temporarily wakeup to reality it is not for long... Instead of channeling their experience towards positive changes many choose to put their experience "behind them". Judicial corruption, criminal prosecutorial misconduct and prosecutorial immunity will go on.
- 2 years ago
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MotherForTruth
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WeAreChangeKy
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This is very reminiscent of what my brother has encountered in Lexington, Ky. While we were sleeping they made these immunity laws which basically make them Kings. We have no recourse against them for not only violating the law but the trust of the people. Ultimately, these laws were the breaking point for myself and my brother and we decided we must become activists and restore the country to the people.
- 2 years ago
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WeAreChangeKy
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brotherlelo
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WeAreChangeKy:
“We have no recourse against them for not only violating the law but the trust of the people.” We do not have the option to joint them either and they will find a way to repress us anyway everywhere. Go figure.
- 2 years ago
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brotherlelo
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Walks_in_Storms [removed]
- This comment was removed as a violation of community guidelines.
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Walks_in_Storms [removed]
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brotherlelo
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Walks_in_Storms:
Yes very true.
- 2 years ago
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brotherlelo
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brotherlelo
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The Domino effect, full circle Circus.
Prosecutor is not prosecutable because he did the best of his ability with manipulated evidence. He believed, the police, and that the victim was abused and telling the truth. But at that time the accused did not know that behind the scene a powerful organization for victims rights was flexing mussel to show how powerful they are by coaching and putting words in the mouth of the supposed victim on how to make believable statement to make police react in their favor. Needless to say that translation was rectifying lies flying in the air. Police are not liable because they acted in good faith and believed the supposed victim. The strong and prestigious organization is liable but they depend of generous financial donation and you will be a fool to sue to recover from this organization because you will be on a dire dilemma. The reality is you the ordinary citizen will be out of your American Dream obtained throughout your live just in few hours. Warning, shark infested waters. Your will be devour in no time. - 2 years ago
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brotherlelo
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Monkey_Films
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No immunity for anyone, damnit.
- 2 years ago
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Monkey_Films
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02
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If I were Caesar - every case would be reviewed. The bad prosecutors, of which there are many, would have their crimes exposed - and dealt with.
We need a clean house in the cops and prosecutors work.
Emergency medical people have a clean house. We're all glad to see them when needed. It should be the same with cops.
So far, we have engaged a 'bully-force' - and there are and have been many instances where it is necessary.
If society were a computer design, you'd have some fixing to do.
- 2 years ago
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02
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MotherForTruth
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02:
Agreed.
- 2 years ago
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MotherForTruth
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2helenahandbasket
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Wow. What an eye opener. This is disturbing, to say the least. There are hundreds of scenarios that are not specifically spelled out in the Constitution, that we make assumptions about. One of these would be to assume it to be unlawful to frame someone for murder. And the SC is *thinking* about it? Gee, thanks guys.
- 2 years ago
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2helenahandbasket
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2hellnwait
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So do I understand it correctly that those who supposedly purport to "practice" the administration and execution of fair and balanced jurisprudence, may violate ethics and morality to insure the outcome that they desire by manipulating and fabricating "evidence" to achieve their objective of a conviction?
Indeed, if so have we really have come to the point that truth, honesty and fair play are nothing more than relative subjectivity? In other words, now does "the end justifies the means?"
That the high-court would even consider immunity to those who would use such practices shows absolute discordant disconnect to the values and precepts of our constitution. . . folks, that this is even being considered is beyond the pale.
- 2 years ago
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2hellnwait
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WeAreChangeKy
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2hellnwait:
Essentially, we have no Justice system. Yes, some bad people go to jail but the rich, the connected and the civil servants do not. Additionally, many innocent people that may have crossed someone in government or perhaps are an easy target so an officer can finish off a case are illegally convicted. Some are even entrapped or completely set up. What we have is a selective enforcement justice system which is really not "justice" at all, is it?
JUSTICE IS NOT FOR JUST US. - 2 years ago
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WeAreChangeKy
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brotherlelo
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WeAreChangeKy:
The rich, the connected and the civil servants do not go to jail They usually go to country club federal halfway houses for a short time. So we can not complain and to discredit our opinions. PS Betty Loren Maltese withdrew over 12million from tax payers account and only got 3 years. Jimmy Turner ordinary citizen withdrew 40 dollars from the bank with a gun in his hand and got 20 years in a super max. We have no equal = Justice system.
- 2 years ago
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brotherlelo
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Mark701
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"Iowa prosecutors, backed by the federal government and prosecutors across the country, contend that there is "no freestanding constitutional right not to be framed."
Now there's an interesting argument. There's also no freestanding constitutional right not to be raped, maligned, assaulted, or physically abused outside of your home that I'm aware of. There are however, laws against them. The fact that it's a federal or state official that was in error should not prevent a lawsuit from going forward. You and I are always at risk of being sued for doing stupid, ignorant and malicious things in addition to things we have next to no control over e.g an unexpected visitor showing up at your home and then slipping on a child's toy and hurting himself/herself.
The concern about a flood of frivolous lawsuits can easily be managed by indicating specifically what a prosecutor can be sued for and under what conditions.
- 2 years ago
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Mark701
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curtisreed
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VERY interesting. Also very disturbing. I am surprised to learn that there is no constitutional protection. The Sixth Amerndment DOES provide for a speedy trial, by an impartial JURY, but it makes no statement about fairness, fabrication of evidence, etc.
HOWEVER, it does state that he has the right to be confronted WITH the "witnesses against him". That gives the defense attorney the right to question their testimony. It also gives them the right to SWEAR them in to tell the truth, the whole truth, and nothing but the truth.
Police are sworn in and their testimony can be questioned, and if they fabricated evidence, they can be prosecuted. So, if what we are saying here is that the Prosecutors can play a role in the CREATION of evidence, then I would say that the 6th Amendment gives the defendent the right to QUESTION the prosecutors in the same manner that they do the police. In that manner, the defense attorney would be able to have the prosecutor swear to tell the truth, and the veracity of the evidence could be questioned. Should it be discovered that the prosecutor played any role in falsifying the evidence, he should be held to the same standard as the police. To say that he is an "innocent receiver of evidence" is ONLY true if they do not manipulate the evidence. Since these lawyers are arguing that they MAY alter the evidence with impunity, then the assumption that they are "innocent receivers of evidence" can no longer be made.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.Note that the 5th amendment also states that there shall be "due process of law". Surely having government prosecutors manipulate and falsify evidence violates the concept of DUE PROCESS.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. - 2 years ago
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curtisreed
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wellhunggimp
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curtisreed:
"then I would say that the 6th Amendment gives the defendent the right to QUESTION the prosecutors in the same manner that they do the police."
That's a nice little legal argument you make there, but it ignores two obvious points.
1) Police lie in court.
2) You're assuming prosecutors who see nothing wrong with fabricating evidence and bring people to charges based on bad evidence or no evidence at all would see something wrong with lying in court. - 2 years ago
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wellhunggimp
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Walks_in_Storms [removed]
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curtisreed: This comment was removed as a violation of community guidelines.
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Walks_in_Storms [removed]
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curtisreed
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wellhunggimp:
thanks for the response. actually, my argument does NOT overlook the FACT that some police lie in court. In fact, that is precisely why police can be questioned by the defense attorney. Knowing full well that the police force is the one that is supposed to produce evidence against a suspect, we have a system that allows the defense to question the evidence.
think of the OJ Simpson case, and the "if it doesn't fit, you must acquit" testimony that enabled Simpson to "demonstrate" that the glove the police said they had found could not have been used by Simpson because it allegedly did not fit his hand.
if an officer actually fabricates evidence and lies under oath, and is then found out, he has to face SERIOUS legal problems, and could even end up in jail.
right now, the defense cannot swear in the prosecuting attorneys, because the theory is that they are "innocent receivers" of the evidence, and should not be held accountable if the evidence they receive from the police has been fabricated.
that is the crux of this situation that has to change. if prosecuting attorneys are actually able to produce and introduce evidence, then they are no longer "innocent receivers" of the evidence, but rather active creators of said evidence, and as such, should lose their protections and must be held accountable for the quality and veracity of the evidence they produce.
- 2 years ago
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curtisreed
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curtisreed
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Walks_in_Storms:
Exactly. That is, in essense, what I was saying. That a "reasonable person" would assume that "due process" means not only reasonable and unfettered access to the legal system and its protections, but that if the government is able to pick up any random citizen and then produce FABRICATED evidence against that individual, then there was "process", but not "due process".
once prosecutors become active agents within the process that creates evidence, then they have lost their innocent, bystander role and must be treated as hostile witnesses. Swearing them in under oath would not guarantee that they never fabricate evidence any more than it does against the police. But it WOULD provide some deterrent.
We have a case in Colorado where an ICE agent produced evidence that proved that the candidate for governor, Bill Ritter, lied in his campaign about his policy toward illegal immigrant. In retribution, a state attorney then lied about that agent as a means to destroy his career and to try to put him in jail. She lied--under oath--to the FBI. Later, when the ICE officer was acquitted and the investigation broadened into what happened, a Senator got involved and asked her to testify again under oath to the FBI. Knowing that she had a good chance of being found out, she refused to testify again, and their case unravelled. She has yet to admit what she did, but the evidence against her is clear.
She actually could face jail time for providing false evidence under oath.
This is precisely the kind of protection we citizens need against overzealous prosecuting attorneys.
The system will NEVER be perfect, there will always be cops and attorneys who lie, but there should at least be legal protection so a wronged citizen can go after those individuals.
- 2 years ago
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curtisreed
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Walks_in_Storms [removed]
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curtisreed: This comment was removed as a violation of community guidelines.
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Walks_in_Storms [removed]
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curtisreed
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Walks_in_Storms:
oh, so THAT's what you do! aha!
interseting story.btw i have to go serve jury duty on Wednesday. Ironic, eh?
- 2 years ago
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curtisreed
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brotherlelo
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Thanks MFT good too read this.
When Doctors do not have a cure we look for alternative medicine, but when you have no faith and resources for justice. Where do turn to? Of course, lawyer or police hesitate or rarely attack each other. When I went to turn in my police complain to the internal division for my arrest and attempt to testify falsely in court, the officer told me that I have a shady pass and to get off his office. - 2 years ago
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brotherlelo
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MotherForTruth
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brotherlelo:
This reminds me of society separated by class.
- 2 years ago
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MotherForTruth
