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When Problematic Prosecutors Enjoy Absolute Immunity

Cato Podcast

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The Supreme Court Invented Absolute Immunity for Prosecutors in 1976

In 1976, the Supreme Court invented absolute immunity for prosecutors. Ben Field: This sets up a situation where a prosecutor can charge a defense attorney in a criminal case or could charge a lawyer in a civil rights case because the prosecutor isn't happy with having to deal with Zellis advocacy. He says this licenses real abuse by prosecutors if they can charge somebody with crimes that aren't crimes.

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