10 January 2011

In defense of prosecutorial malfeasance

Kevin Drum - apparently separated at birth from his sniveling git twin Ezra Klein - wonders in this article how the Supreme Court can simply choose not to consider clear exculpatory evidence that has been withheld by evil, unscrupulous prosecutors.

It's a good question. Or, it would be, had it not been asked by someone who began their article like this:

Generally speaking, prosecutors are protected from lawsuits even if they break the rules. And generally speaking, this is probably a good thing. The level of prosecutorial abuse that judges routinely tolerate is outrageous, but still, a wave of lawsuits against prosecutors from everyone ever jailed wrongly probably isn't something we need.

Right: so you question the culture of courts siding with blatant malfeasance - and then you proceed to explicitly support such malfeasance by arguing that the single way malefactors might be held accountable (i.e., lawsuits) is not "something we need"?

Kevin: can I get a little of the shit you're smoking, please?

(H/T)

No comments: