Author Question: How does qualified immunity and absolute immunity operate in the prosecution context? What will ... (Read 54 times)

vinney12 · **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?

sokh · **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.