Sunday, September 27, 2009

False Evidence: Fabrication, Subornation of and Use at Trial,

My pet issue has made it to the Supreme Court:

Whether a prosecutor may be subjected to a civil trial and potential damages for a wrongful conviction and incarceration where the prosecutor allegedly violated a criminal defendant’s “substantive due process” rights by procuring false testimony during the criminal investigation, and then introduced that same testimony against the criminal defendant at trial.

The case is Pottawattamie County et al v McGhee et al. (at Scotus wiki).

Far from impairing the judicial process, prosecutors must be held accountable for bad conduct. The judicial system would benefit greatly from the credibility this lends to notions of justice contrary to the arguments presented by petitioners.

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