Comments on: Prosecutors: We can frame you with impunity

By: Joe Banana

Joe Banana — Sat, 12 Dec 2009 19:30:02 +0000

And the quote “and since they used fabricated evidence at the trial, they should be covered by absolute immunity”. That’s the most absurd thing I’ve ever heard. This would mean a prosecutor could just walk up to a defendant pull out a chunk of hair and say “it was found at the crime scene”. How is that a “fair” trial?

By: Joe Banana

Joe Banana — Sat, 12 Dec 2009 19:18:37 +0000

This is completely unacceptable. No one is “immune to the law”, as in, “no one is above the law” the law is the law, period. Nobody can be “immune” because, nobody has the power to grant it, nobody. As in “inalienable rights”, they can’t even be given away.

By: Jeff Hoyt

Jeff Hoyt — Sat, 07 Nov 2009 14:04:21 +0000

It’s on it’s way to my Facebook page in a few moments, Michael.
I agree with KBC and, specifically, Highlander’s brief assertion.

By: Links 06/11/2009: Great Mandriva 2010.0 Reviews; Thunderbird 3 RC Comes Soon | Boycott Novell

Sat, 07 Nov 2009 01:15:27 +0000

[...] Prosecutors: We can frame you with impunity Prosecutors trying to put you in prison for a crime you didn’t commit can fabricate evidence, coerce witnesses into lying on the stand, and enjoy absolute immunity. They cannot go to prison. They cannot even be sued. They aren’t even likely to get so much as a reprimand from the bar association or from their bosses, even after publicly admitting to framing you. [...]

By: Highlander

Highlander — Fri, 06 Nov 2009 00:16:05 +0000

So-called ‘absolute immunity’ doesn’t stop bullets or arrows.

By: Michael Hampton

Michael Hampton — Thu, 05 Nov 2009 21:36:17 +0000

That is one of the laws which supposedly protect the people from rogue government agents. Good luck finding a U.S. attorney who will prosecute under it.

This case is about the circumstances in which prosecutors enjoy “absolute immunity” from the law: In this case 42 USC 1983, the Civil Rights Act of 1871.

In most circumstances, government agents enjoy only “qualified immunity” which means they can still be prosecuted if you can clearly define the specific right violated and a reasonable government agent could not believe that the government agent in question acted lawfully. It’s a fairly high bar. Absolute immunity basically means what it sounds like: you’re screwed.

By: Highlander

Highlander — Thu, 05 Nov 2009 21:24:54 +0000

Deprivation of rights under color of law

“WHOEVER, under color of any law, statute, ordinance, regulation, or custom, willfully subjects ANY person in ANY State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the CONSTITUTION or LAWS of the UNITED STATES, OR to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.”

- U.S. CODE: TITLE 18> PART I> CHAPTER 13> § 242

By: Michael Hampton

Michael Hampton — Thu, 05 Nov 2009 20:36:15 +0000

If you liked the story, please share it. Facebook, Twitter, Digg, old-fashioned email, wherever.

By: KBCraig

KBCraig — Thu, 05 Nov 2009 10:37:59 +0000

Good to see you back, Michael. This is one of your best columns. I think the lack of media coverage is mostly owing to the fact that it’s too outrageous to be believable.

Sometimes truth is more bizarre than fiction could ever be. (And this isn’t even Maricopa County!)