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.
Cells involved in nonspecific immunity in vertebrates.
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