Reigning In Prosecutors

It’s often been said that a DA can get an indictment for a ham sandwich if they want, but few notice just exactly how awful it is that this is true.

Mr Balko has a couple posts on the subject worth your time:

  • One, noting that prosecutors don’t need to believe the guilt of those they try; and
  • Two, wherein he (with Glenn Reynolds) proposes the state be on the hook for the defense costs of those tried but not convicted, and even reimburse for unjust pretrial confinement.

Criminal justice is broken. No system with immunity for state actors can ever be just, because there is no punishment (realistically speaking) for runaway prosecutors who abuse their office to improve their stats.

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