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Author Question: In _______________ cases, prosecutors agree to drop the case before formal judicial proceedings ... (Read 120 times)

jrubin

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on: Aug 16, 2018
In _______________ cases, prosecutors agree to drop the case before formal judicial proceedings begin, on the condition that suspects participate in and complete a program.
 
  a. diversion
  b. validated
  c. discretion-laden
  d. selective

Question 2

Can you sue a judge or a prosecutor for damages resulting from actions performed in their official capacities? Explain.
 
  What will be an ideal response?


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Fayaz00962

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Reply #1 on: Aug 16, 2018
Answer to Question 1

a

Answer to Question 2

Judges enjoy absolute immunity from civil suit for actions taken in the performance of
their duties. Therefore, a judge cannot personally be sued for damages stemming
from any official action.
Prosecutors enjoy absolute immunity as long as they are acting as advocates for the
government in criminal prosecutions. This absolute immunity extends to all conduct
intimately associated with the judicial phase of the criminal process.. Thus it applies to
pretrial court proceedings and not just the trial itself. However, prosecutors can be
sued for giving incorrect advice to the police regarding the existence of probable cause.
In such a situation the prosecutor is acting in the role of an administrator or
investigative officer rather than as an advocate for the state and does not enjoy
absolute immunity.


jrubin

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Reply 2 on: Aug 16, 2018
Great answer, keep it coming :)

yeungji

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Reply 3 on: Yesterday
Excellent

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