So Daniel Penny....

Ken King

A little rusty but not crusty
PREMO Member
For your consideration ...






So ..... Judges, SCOTUS, can make laws? I was taught that only the legislative branch of government can create laws. So how can laws that make such prosecutorial misconduct actions, or similar actions illegal, not be used to prosecute these rouge prosecutors? Seems legislatures need a pass a real law to address this issue.


From the SCOTUS case ...

"The Griffith view on prosecutorial immunity became the clear majority rule on the issue. The question eventually came to this Court on writ of certiorari to the Court of Appeals for the Second Circuit. In Yaselli v. Goff, 12 F.2d 396 (1926), the claim was that the defendant, a Special Assistant to the Attorney General of the United States, maliciously and without probable cause procured plaintiff's grand jury indictment by the willful introduction of false and misleading evidence Plaintiff sought some $300,000 in damages for having been subjected to the rigors of a trial in which the court ultimately directed a verdict against the Government. The District Court dismissed the complaint, and the Court of Appeals affirmed. After reviewing the development of the doctrine of prosecutorial immunity, id., at 399-404, that court stated:

This is too funny .... "In our opinion the law requires us to hold that a special assistant to the Attorney General of the United States, in the performance of the duties imposed upon him by law, is immune from a civil action for malicious prosecution based on an indictment and prosecution, although it results in a verdict of not guilty rendered by a jury. The immunity is absolute, and is grounded on principles of public policy."

"The common-law immunity of a prosecutor is based upon the same considerations that underlie the common-law [424 U.S. 409, 423] immunities of judges and grand jurors acting within the scope of their duties." How is it "acting within the scope of their duties", to falsify out of whole cloth, manufacture false and misleading evidence against a defendant, that could result in a conviction?

Where such law only specified, "immunities of judges and grand jurors acting within the scope of their duties", SCOTUS decided to add prosecutors as well. In which they had no authority to do so.

So now it is just fine, and has been for awhile, to attempt to railroad anyone to prison.
Who said it was fine?
 

vraiblonde

Board Mommy
PREMO Member
Patron
He’s got an alternative to go fund me account with $3M in it, he’s not going broke.

Good. That's what I kept thinking every time I see him in the news - how is he paying for all this and how will he ever get his life back?

This to me is way more of a problem than DEA agents mugging innocent civilians in airports, because it can truly happen to anyone who is in the wrong place at the wrong time. Some maniac menacing going berserk, advancing on a woman and her child, many of us would instinctively step in. Next thing you know you're charged with murder and an international figure of controversy.

Like that Sandmann kid, on a freaking field trip, and all of a sudden for no reason at all he goes viral and has prominent people attacking him. At least Kyle whatshisname was actually involved in something, all Sandmann was doing was standing there.
 
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