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You are visiting my site on: February 22, 2024

Why Should Prosecutors Be Immune from Lawsuits?

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The strange case of former Sen. Ted Stevens has raised some real issues of how much the Justice Department prosecution team specifically broke the law by failing to give Stevens FBI notes that would have significantly helped his case.  And how widespread is this prosecutorial misconduct.  Should these Wild West prosecutors be given immunity for their illegal actions?  See what Jim says in this week”˜s column now posted.  You can read it by Clicking Here.

And if you want to see examples of how time after time, federal and state prosecutors ignore the law, you can read a litany of such cases in Jim’s book, Justice Denied.

And there is a new study just out by The Justice Project in Wasington, D.C. that profiles the growing problem of prosecutorial midconduct and ways to  build in checks and balences into the judicial system.  Here is the chilling conclusion of this report: “The Stevens’ case demonstrates that a culture has developed in which prosecutorial abuse ofpower occurs””even in the most powerful and well-funded offices in the nation. This policy review reveals that this culture, and the type of misconduct in the Stevens’ case, is prominent in jurisdictions all over the country.” It’s a must read for legislators in both Washingon and in state capitols all over America.  You can read this informative study by Clicking Here.

And a good analysis in the Wall Street Journal this week at how rare it has been for prosecutors to be investigated for withholding evidence.  But it looks like this is all about to change.  Good.  Read the article Here.

2 Responses
  1. Even though Sen. Ted Stevens was a stuck up personality, this man was a genius and preserved the USA and Alaska (even Louisiana) and was to me one of the best Senators we have ever had and would like to have him as President. He was ABUSED regardless of his cold personality.

  2. an Insurance Commissioner in jail in Louisiana. The United States Justice Gestapo is alive and well A lot of boys in WWII died to prevent us from speaking German as our common language and to insure a freedom from unjustified prosecution. Shouldn’t our Justice department be accountable for their actions? How do we fix it? If we don’t we just as soon label the Justice Department as the US Gestapo Justice Depatment. Those boys didn’t feel they were giving their lives to have Justice Denied.

    Edwin Allman: I have also heard about the Commissioner of Insurance whose name “slips” by you and I believe, like you, that he was an obvious victim of prosecutorial misconduct. I guess the question is, where do we start? What steps do we need to take, and in what forum, to ensure that prosecutors do not abuse their office? Thanks for an enlightening, and timely, message.

    Don W.: Jim, it is my understanding that one of the courses a law student is required to master before he or she graduates is legal ethics. Its obvious this course and a semester of learning to be just plan honest and fair is needed in our law schools. Thanks for your on time columns, Don W.

    Tom Aswell: Jim, you forgot to mention the Duke LaCrosse players. If I’m not mistaken, the D.A. in that case was not only disbarred, but prosecuted for abuse of his office. Also, like him or not, Bob Odom was also defeated for re-election, largely because of prosecutorial misconduct. John Grisham’s only non-fiction book was about a man convicted of rape/murder in Oklahoma and who spent several years on death row before the obvious suspect, ignored by prosecutors in their zest to “get their guy,” was found to be the actual rapist/murderer. What happened to the man originally convicted? Well, he was freed, but was already dying of cancer by that time. The prosecutors? No reprisals there; life goes on for them. They go home to their families every night, secure in the knowledge that they’ve built an impressive conviction rate for their next election.

    Charlie Friedman: I. know where you are coming from. I have seen prosecutors use their unlimited legal resourses to do illegal things and I am sure many Americans also have. It is a shame that a person has to spend everything he has worked for his whole life to defend himself against unfounded and malicious charges just for the sake of prosecutors putting another noch on their guns. The land of the free anint so free any more.

    Sam Gallo: It seems like in the back of my mind I remember who that Insurance Commissioner was. I hear he is doing well.

    Susie Labry: Even though Sen. Ted Stevens was a stuck up personality, this man was a genius and preserved the USA and Alaska (even Louisiana) and was to me one of the best Senators we have ever had and would like to have him as President. He was ABUSED regardless of his cold personality.

    David Abramson: This horrific behavior with immunity on the part of prosecutors is tyranny, plain and simple, in principal no different than the king commanding arbitrarily, “off with his head.” And isn’t the escape from this injustice what drove the founding fathers to form the United States? This travesty is anti-American, and must be addressed urgently to restore the honest administration of the American justice system. As always, Jim, you present articulate, powerful, advocacy of vital issues. Thank you. David in New York City

    Pat: Jim, Great Column. You hit it right on the nose. Certainly players in sports that are “profit centers” for colleges and universities should receive the basic $300 monthly stipend “in season”, etc. Pat

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