This topic contains a solution. Click here to go to the answer
« previous next »

Author Question: How does qualified immunity and absolute immunity operate in the prosecution context? What will ... (Read 87 times)

vinney12

  • Hero Member
  • *****
  • Posts: 586
on: Aug 17, 2018
How does qualified immunity and absolute immunity operate in the prosecution context?
 
  What will be an ideal response?

Question 2

What are some reasons for nonprosecution? What can be done to challenge a prosecutor's decision not to pursue charges?
 
  What will be an ideal response?


Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

sokh

  • Sr. Member
  • ****
  • Posts: 357
Reply #1 on: Aug 17, 2018
Answer to Question 1

Absolute immunity frustrates the purpose of civil rights legislation by failing to deter frequent and egregious misconduct. It also hinders the development of constitutional standards and the implementation of structural solutions for systemic problems. Prosecutorial liability with the safeguard of qualified immunity to prevent vexatious litigation is necessary to ensure the integrity of the criminal justice system

Answer to Question 2

The most obvious reason for deciding not to prosecute is lack of evidence. There are other reasons not to prosecute, other than lack of evidence. For example, even if the state's case is strong, there may be an incentive not to prosecute. If it appears the defense's case is stronger, then it may behoove the prosecutor to proceed with charges against a different individual.
Failure to press charges can sometimes be questioned by a court, which can provide relief to individuals who wish to proceed with the case. Other times, a prosecutor's supervisor or other high-ranking official may step in.


vinney12

  • Member
  • Posts: 586
Reply 2 on: Aug 17, 2018
Gracias!

Liddy

  • Member
  • Posts: 342
Reply 3 on: Yesterday
Great answer, keep it coming :)

« previous next »
 

Did you know?

The eye muscles are the most active muscles in the whole body. The external muscles that move the eyes are the strongest muscles in the human body for the job they have to do. They are 100 times more powerful than they need to be.

Did you know?

Essential fatty acids have been shown to be effective against ulcers, asthma, dental cavities, and skin disorders such as acne.

Did you know?

Addicts to opiates often avoid treatment because they are afraid of withdrawal. Though unpleasant, with proper management, withdrawal is rarely fatal and passes relatively quickly.

Did you know?

The first monoclonal antibodies were made exclusively from mouse cells. Some are now fully human, which means they are likely to be safer and may be more effective than older monoclonal antibodies.

Did you know?

The liver is the only organ that has the ability to regenerate itself after certain types of damage. As much as 25% of the liver can be removed, and it will still regenerate back to its original shape and size. However, the liver cannot regenerate after severe damage caused by alcohol.

Traniello and his colleagues demonstrated that social insects may develop “social imm Traniello and his colleagues demonstrated that social insects may develop “social imm
Information Processing Model The components of the model operate simultaneously. Information Processing Model The components of the model operate simultaneously.
European Culture in a Global Context European Culture in a Global Context
Culture in a Global Context Culture in a Global Context
Control of the cell cycle by cyclin-dependent kinases, and the checkpoints at which they operate Control of the cell cycle by cyclin-dependent kinases, and the checkpoints at which they operate
Mechanisms of active and passive immunity Mechanisms of active and passive immunity
Video: Labor and Childbirth - The Three Stages of Labor: Dilation, Expulsion & Placental مراحل الولادة

For a complete list of videos, visit our video library