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They should be able to sue
by Bentoniani
+1 Reply

Yes they should be able to sue in cases where the prosecutor has blatantly violated the ethical and legal standards of his profession.

The argument "every conviction would end in a lawsuit" doesn't make sense. Why are prosecutors held to a lower standard than, say, doctors? (every time a patient dies, do they get sued?)

Hell, our energy traders have to memorize reams of inane FERC regulations and be extremely careful in their trades because they are criminally liable for violations, and these include sins of error or omission. And there are no lives on the line!

These two poor bastards should be able to sue, and, to balance out any race card element, so should those three Duke Lacrosse players from a few years ago.

Re: They should be able to sue
by la savante

I was stunned when I read that line that “[o]therwise every conviction would end in a lawsuit". Saying that allowing lawsuits against prosecutors who framed a defendant would translate into every conviction ending in a lawsuit is, in effect, saying that there is reason to believe that every conviction resulted from evidence fabricated by the prosecution.

Weird.

Re: They should be able to sue
by businessanalyst
La savante apparently has a hard time with reality. Its not that every conviction was caused by excesses by the prosecution - just that lawsuits by the guilty would allege that.
Re: They should be able to sue
by la savante

Yeah, just like every criminal case that ends in conviction results in a lawsuit against the police investigators and interrogators.

There has to be an allegation that identifies what evidence was fabricated or deliberately withheld.

Stick with analyzing business. Analyzing law isn’t your forte.

Re: They should be able to sue
by businessanalyst
Well of course la savante must be correct Worthless lawsuits are never filed and allowed to proceed.
Re: They should be able to sue
by la savante

Ah! Reason enough to shut down the civil justice system.

Re: They should be able to sue
by run75441

*analyst:

Actually, they are not allowed to proceed until such time as the convicted is exonerated. You couldn't convince a jury otherwise from a prison celll that the prosecutor wasn't just doing their job. Plaintiff attorneys typically toll the case until such time as the convicted sentence is reversed. You can't win otherwise.

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