Monday, June 13, 2016

A case of prosecutorial misconduct (out of Louisiana) is heading to the U.S. Supreme Court


Louisiana courts, reportedly, have an "abysmal record of consistently misapplying and misinterpreting the Brady doctrine" (that's a constitutional doctrine requiring criminal prosecutors to turn over to the defense, upon a request and without any requests, any evidence pertaining to lack or lessening of defendant's guilt, or as to impeachment evidence of the government's witnesses and benefits offered to witnesses in exchange for testimony). 

Yet, federal courts UNfaithfully apply in civil rights lawsuits the doctrine of Younger and Rooker-Feldman, precluding civil rights lawsuits when a criminal proceeding is already pending, and after it has been resolved against criminal defendants - with the court applying the Brady rule in an abysmal way.

Louisiana courts are not unique in their "abysmal record" of misapplying and misinterpreting of ANY constitutional rights of criminal defendants - other states are no better.

Plus, prosecutors "enjoy" (very much) the gift of absolute prosecutorial immunity that the courts, consisting predominantly of former prosecutors, gave prosecutors on a pretext that discipline against prosecutors is avaialble. Of course, everybody knows that disciplinary committees only seek to punish competitors of members of disciplinary committees, as well as critics of the judiciary, and independent criminal defendants and civil rights attorneys - but NEVER prosecutors.

So, when preventive medicine is not available, the body can fester and rot up to gangrene - and that's what happened in Louisiana with prosecutorial misconduct, and is happening across the country, where close to 98% of criminal cases are "resolved" by plea bargains - simply because defendants and their attorneys know that the chances of winning in biased courts in front of former prosecutors are very slim.

A case regarding prosecutorial misconduct is heading towards the U.S. Supreme Court. Will the court review it is a question - review by the U.S. Supreme Court is discretionary, not mandatory.

And, if it does - what will it say? Some dismissive mumbo-jumbo or, finally, a systemic resolution of a systemic problem that the court itself created with the gift of prosecutorial immunity for malicious and corrupt acts?

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