Source: cato.org 3/11/25 Last month, a Maryland judge declared a mistrial in the case of Charles Smith, who was charged in connection with a 2023 mass shooting in Annapolis. The judge found that Assistant District Attorney Anne Colt Leitess mischaracterized evidence and blatantly disregarded the rules of evidence during the high-profile trial. Whether this was a deliberate choice or the byproduct of deficient trial skills—exacerbated by a culture of plea-driven mass adjudication that has almost completely displaced constitutionally prescribed jury trials—the result revealed an intolerable lack of due process for the defendant. Thanks to…
Read MoreTag: Immunity for Prosecutors
A Prosecutor Allegedly Told a Witness To Destroy Evidence. He Can’t Be Sued for It.
Source: reason.com 10-2024 Absolute immunity protects prosecutors even when they commit serious misconduct on the job. Consider the following hypothetical: You are jailed for two years as you await trial for murder. You are facing the death penalty. You have cancer, which had been in remission until you were incarcerated without proper treatment and monitoring. And, it turns out, you were charged based on a false witness statement, a fact that the local prosecutor allegedly encouraged the destruction of evidence to obscure. Now imagine suing that prosecutor and being told…
Read MoreSotomayor Is Right: The Supreme Court Should Reevaluate Absolute Immunity for Prosecutors
Source: reason.com 7/2/24 Consider the following hypothetical: You are jailed for two years as you await trial for murder. You are facing the death penalty. You have cancer, which relapsed during your incarceration without access to adequate treatment. And it turns out you were charged based on a false witness confession, which the local prosecutor allegedly destroyed evidence to obscure. Now imagine suing that prosecutor and being told you have no recourse, because such government employees are entitled to absolute immunity. This is the backdrop for Justice Sonia Sotomayor’s opinion…
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