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Post by sedelen on Sept 4, 2016 19:12:51 GMT -5
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Post by coolcoil on Sept 5, 2016 9:02:23 GMT -5
Prosecutorial immunity is a big problem in the USA. It is a fiction created by the Supreme Court. It does not exist in the US Constitution. Too many prosecutors maliciously or negligently go forward with cases that they know have no basis in fact and know that the defendants have no recourse.
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Post by entonces on Sept 5, 2016 17:49:42 GMT -5
Even if the American authorities are immune from prosecution the US at the very least should apologize and richly compensate this man and his family. Thank you to the Coral Gables attorney who helped clear an innocent man.
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Post by coolcoil on Sept 5, 2016 18:17:20 GMT -5
Even if the American authorities are immune from prosecution the US at the very least should apologize and richly compensate this man and his family. Thank you to the Coral Gables attorney who helped clear an innocent man. I agree with you that they should apologize and provide compensation. However, the immunity that I'm talking about is immunity against having to provide compensation for prosecutorial actions, even if they are negligent. That's why the court ruled against them even though it appears the judge was sympathetic. It must be understood that this is not something that just happens to non-US citizens. Many US citizens' rights are abused at all of the levels - local, state and Federal. Here is a good article from the Washington Post that looks at both sides of the issue. www.washingtonpost.com/news/opinions/wp/2014/01/30/7th-circuit-pokes-a-hole-in-prosecutorial-immunity/?utm_term=.8f61eda7fd00
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Post by jafo19d on Sept 6, 2016 0:07:38 GMT -5
The families of the Challenger crew were unable to sue the government ( at least the families of the military crew). Different yet kind of the same.
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