Prosecutorial Immunity and Abuses

Prosecutorial abuses of power have reached an all-time high in the United States and must be curbed. Once designed to shield prosecutors from frivolous lawsuits, prosecutorial immunity now grants prosecutors unchecked power to secure convictions. Following the 1976 Supreme Court ruling in Imbler v. Pachtman Case, prosecutors found that they could seek indictments with the knowledge that they are immune from civil liability, even if such indictments rest on false evidence. The Imbler case provided an umbrella of protection for prosecutorial abuse. Prosecutors have dangerous powers which go unchecked in secret grand jury proceedings where they can withhold exculpatory evidence and present false evidence or testimony…with impunity.

To help ensure that prosecutors and government agents do not withhold exculpatory evidence, willfully present false evidence, or induce false testimony, civil immunity granted under the Federal Tort Claims Act, should be repealed.

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