Comments on: Bonuses for prosecutors, cont’d https://www.overlawyered.com/2011/03/bonuses-for-prosecutors-contd/ Chronicling the high cost of our legal system Sat, 02 Apr 2011 20:06:55 +0000 hourly 1 By: asdfasdf https://www.overlawyered.com/2011/03/bonuses-for-prosecutors-contd/comment-page-1/#comment-117844 Tue, 29 Mar 2011 21:50:34 +0000 http://overlawyered.com/?p=22252#comment-117844 One problem with this rule is its interaction with doctrines of absolute prosecutorial immunity, or even qualified immunity. These civil immunity doctrines are designed for protection of the sovereign. Where sovereign agents can act for their own personal gain, the immunity doctrines protect more than they are designed to do.

Consider, for example, a prosecutor sued under 1983 and Brady. If the prosecutor stood to personally gain financially as a result of the Brady violation, the immunity doctrines are protecting private financial acts. The immunity doctrines are simply too strong and broad a shield to encompass this widened ambit.

]]> By: Some Links https://www.overlawyered.com/2011/03/bonuses-for-prosecutors-contd/comment-page-1/#comment-117811 Mon, 28 Mar 2011 13:42:47 +0000 http://overlawyered.com/?p=22252#comment-117811 […] Overlawyered’s Walter Olson exposes the very bad idea of bonuses for prosecuting attorneys.  (HT Larry Ribstein) […]

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