Would ending absolute immunity give prosecutors even more reason to deny wrongful convictions? Say that a defendant is convicted at trial, then some exculpatory evidence shows up afterward. Without absolute immunity, would a prosecutor try their hardest to maintain that they convicted the right person in order to not face lawsuits? This could make life worse for actually innocent convicted defendants.
As always, I think the best analysis would be to see if this issue replicates in other professions. Would granting doctors absolute immunity make it more likely that they'll own to mistakes? Maybe. Would that system of accountability serve patients better than the current status quo? Doubtful.
forget it, Yassine, it’s Louisiana.
Would ending absolute immunity give prosecutors even more reason to deny wrongful convictions? Say that a defendant is convicted at trial, then some exculpatory evidence shows up afterward. Without absolute immunity, would a prosecutor try their hardest to maintain that they convicted the right person in order to not face lawsuits? This could make life worse for actually innocent convicted defendants.
That's a good point. Ultimately it will depend on where the equilibrium falls, whether the threat of civil liability will encourage turtling or transparency. Prosecutors already are EXTREMELY reluctant to admit fault of any kind, including our Queen Bee Kamala https://www.washingtonpost.com/nation/2019/08/01/you-owe-them-an-apology-gabbards-attack-highlights-harriss-complex-death-penalty-record/
As always, I think the best analysis would be to see if this issue replicates in other professions. Would granting doctors absolute immunity make it more likely that they'll own to mistakes? Maybe. Would that system of accountability serve patients better than the current status quo? Doubtful.