WTF? U.S. Constitution doesn't guarantee your right to not be framed by prosecuting attorneys.

[arcadian]

Case was heard today, don't know the results. That is messed up, man.

http://www.csmonitor.com/2009/1103/p02s18-usju.html

At Supreme Court: Can prosecutors be sued for framing defendants?

Washington - The US Supreme Court on Wednesday is set to consider an unusual question: Do Americans who have been framed by unscrupulous prosecutors for crimes they did not commit have a right to sue the prosecutors when the fraud is finally exposed?

According to the Obama administration, the answer is no.

more@link

[GodlessBiker]

1. I heard this on NPR this morning. Disgusting. They claim there is no right not to be framed.

[Angry Dragon]

2. Perjury, violation of civil rights, and others

probably that I can not think of should come to bear. The defendants were accomplices in perjury. A good 20 years in prison should help them see the light and the law. And a very healthy monetary judgment.

edit spelling

[Eric J in MN]

3. Disgusting position for the Obama Administration to take. NT

NT

[NoSheep]

5. SCOTUS is the Obama Administration?

[Raineyb]

8. No but the position is also that of the Justice Department. I'm pretty sure

that Mr. Holder is NOT a holdover from the Bush administration.

[NoSheep]

23. This is one to watch. Thanks for your input.

[Eric J in MN]

11. The Obama Administration filed a Friend-of-the-Court brief....

...saying prosecutors should have absolute immunity from citizen lawsuits.

The Supreme Court hasn't ruled yet.

[OHdem10]

4. In interrogations, Police can lie to the accused in order to trick

him/her into confessing.

This is why people often want a lawyer and lawyer instructs them
not to talk to police.

In this case then police try to make the person appear guilty
simply because they got an attorney and refused to talk to police.

[RKP5637]

6. I lose more faith in the future of this WTF country each day!

[endeavourniche]

7. Yes prosecutors enjoy immunity

from prosecution however the plaintiff in this case presents an interesting argument. The Plaintiff is arguing that immunity only comes into play after an indictment is handed down. Which means that all conduct of the prosecutors before the indictment is not protected and is subject to prosecution.

[Eric J in MN]

12. The issue is whether prosecutors can be sued by citizens...

...not whether prosecutors can be criminally prosecuted.

[endeavourniche]

16. OK I used the wrong word.

If immunity does not came into play until after the indictment then as the plaintiff argues, it is actionable. The prosecutors can be sued.

[superkia]

9. And Obama promised us that he would take a look at all...

of bush's illegal signing statements and if any were against the constitution, he would immediately do away with them. Anyone notice that he has not changed a thing? I voted for him because he was at least getting people out and paying a tiny bit more to our country but so far he is just one of club. R;s and D;s mean nothing, its just a game they all play together to win while we lose.

What next, how much of our way of living has to be destroyed before people wake up and hit the streets...hopefully before its too late.

[RKP5637]

13. You make some good points. I've been doing a lot of WTF wondering about

Obama's administration and what we will see over the coming year. I think democrats are going to find the 2010 election results quite frustrating. It is a damn shame if the majority is lost in 2010. I was just telling someone here the same today, that it's all a game.

It's getting damn hard to survive in this country, it often feels the deck is stacked entirely against you. Maybe I'm just too impatient, but I am so very fed up with hearing democrats in congress arguing with each other.

An independent contacted me today, he said in his area a lot of independents that voted for Obama are becoming quite discouraged and his fear is they are going to fall for the republican line and vote republican in 2010. Some make light of this, but it appears to be a potential trend. It will be a damn shame if these democrats we voted in for change lose the majority.

[Solly Mack]

10. K&R

[Dennis Donovan]

14. Heartily recommended!!!

I'd rec 3x if I could.:thumbsup:

[TxRider]

15. That doesn't mean those prosecutors are safe from criminal charges though

Or does it?

[Eric J in MN]

17. They could theoretically still be prosecuted, but...

...that would require a prosecutor to go after a fellow prosecutor.

[paulsby]

20. wrong

absolute immunity protects against both civil AND criminal liability.

[Eric J in MN]

21. definiton

http://dictionary.getlegal.com/immunity

absolute immunity

:immunity from all personal civil liability without limits or conditions (as a requirement of good faith)

[paulsby]

22. you are correct. i was wrong

my bad

[paulsby]

18. your title doesn't match the conclusion

the case did not say that you did not have a right not to be framed, it said that GIVEN a frame, do you have the right to sue the prosecutors?

the answer is no, according to the obama admin due to "absolute immunity"

while cops have QUALIFIED immunity in civil trials, prosecutors have absolute immunity.

[adamuu]

19. at least it wasn't the defense attorney n/t

[Number23]

24. Kicked and Rec'd. This is something that will affect EVERYONE, particularly minorities

and the poor in this country.