Quote:

Since I know your going to ask, prosecutors have absolute prosecutoral immunity from civil claims under state law. ...



That's too bad, in Canada they only have immunity if they are acting "in good faith."

The tort is called "Malicious Prosecution".

The most famous case in Canada (they actually teach it in high schools) is of David Milgard - he was convicted of murder at age 16 and more than 20 years his case was taken up by member of parliament Lloyd Axworthy who addressed parliament (in 1991) and called out the government on the case:

Quote:

"...I wish to speak of a travesty of justice. I speak of the plight of David Milgaard who has spent the last twenty-one years of his life in prison for a crime he did not commit. Yet for the last two years, the Department of Justice has been sitting on an application to reopen his case…. But rather than review these conclusive reports, rather than appreciate the agony and trauma of the Milgaard family, the Minister of Justice refuses to act."



The Supreme Court of Canada convened to have a special hearing (with live witnesses for the first time) which exonerated Milgard. He successfully sued the gov't for malicious prosecution and received a settlement/compensation package of $10 million.

There was a commission of inquiry which found a police coverup of exculpatory evidence.

Milgard timeline


Edited by soopergrizz (04/11/07 10:39 AM)
_________________________
You're all still alive?