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Culture War Roundup for the week of April 3, 2023

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Well, for one thing, a prosecutor who is subject to suit would be very reluctant to look sideways at anyone with deep pockets. Those people would therefore have de facto immunity for criminal behavior. Courts have also noted that prosecutors would be reluctant to dismiss cases, once filed, if they turn out weaker than initially thought; they would want to get some sort of conviction, at least on a lesser charge.

There would essentially be a major principal-agent problem, with the prosecutor's personal interests diverging from the interests of the public.

with the prosecutor's personal interests diverging from the interests of the public.

IMO this problem already exists with absolute immunity: career prosecutors are highly incentivized to win prominent cases. There are plenty of examples of prosecutors withholding defense-friendly evidence or otherwise violating constitutional rights. I don't see a clear reason that prosecutorial immunity needs to be unqualified: at least we recognize theoretical bounds in the extent that police officers can violate rights before civil and criminal penalties should apply.

But thank you for the explanation, this thread has definitely made me consider a new-to-me reason why the legal system may be ill-suited to policing itself with respect to the broader public's constitutional rights and general interests. I'll have to ponder on how it could be better-aligned.

least we recognize theoretical bounds in the extent that police officers can violate rights before civil and criminal penalties should apply

To be clear, neither qualified nor absolute immunity protects either cops, judges or prosecutors from criminal prosecution, nor from disbarment or other discipline.

Well, for one thing, a prosecutor who is subject to suit would be very reluctant to look sideways at anyone with deep pockets. Those people would therefore have de facto immunity for criminal behavior.

You made the same point last time in the context of QI and I have to concede it's likely to be a valid concern. My inclination is that it would still be worthwhile to get rid of absolute immunity, in part because money already affords a shield now.