Should prosecutors be free to frame people?

Heard this on NPR this morning. Terry Harrington and Curtis McGhee, two young african americans, where wrongly imprisoned for 25 years. They where freed after a request for records show that the police and prosecutors colluded to coach eyewitnesses to lie on the stand in order to get a conviction. Now the men are before the supreme court arguing that the prohibition on bringing suit for anything a prosecutor does at trial should not bar them from suing for civil rights violations for being framed.

The issue of course is that prosecutors are worried that this will open the flood gates to being sued for anything that they do to put criminals behind bars.

Can Prosecutors Be Sued By People They Framed? : NPR

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There is a difference between being free from the threat of civil suits and free to do something.

Unless there is a very high bar for civil suits there are major problems. (anyone think organized crime wouldn't use this).

The other side is there should not, and I think is not a bar to the state taking criminal action.

In a case like this I rather favor the Biblical penalty (explicitly for perjury).

Those two guys were royally screwed over by the police and prosecutor. I'm not a lawyer, but I really don't see how they have a Constitutional rights case. The 6th Amendment guarrantees the right to a speedy and public trial before an impartial jury, and to have counsel and the ability to confront witnesses:

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

But it never says there exists the right to a fair trial. So if you're a strict constructionist, there is no such Constitutional right. Now maybe they have a case under federal Civil Rights laws. Depends on the wording of those laws. And I'm sure there are state laws that the prosecutor violated, i.e., suborning perjury, and he could probably be criminally charged for his misconduct. If Iowa has strict sovereign immunity laws, then the legislature should pass a special bill that would authorize compensation for these guys. But unless there are some precedents, or prior SCOTUS decisions to the contrary, I don't see that they have a Constitutional case. Will be interesting to see how the Court rules.

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No, not in the slightest. Being in the court does not put you above it. If anything, a prosecutor is more responsible than most, just as a policeman who commits a crime gets a heavier punishment than an ordinary citizen: they are entrusted by the society to maintain justice and the law.

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A bit much, no?

But everyone who was apart of it should probably be charged for kidnapping and imprisonment for 25 years, and the two should get a very hefty check (of course where we get the money from is up for debate, but since they were put behind by their peers, their peers, aka society, likely should be responsible, though we could argue to take it from those who made up the lie, but then there families who are innocent are likely to be punished as well. Old question of how to punish someone without punishing those around that person.

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Yeach. No right to not be framed? Very scary.
At least Gene Hunt never fitted up anyone who didn't deserve it....

(Life on Mars. The original UK version.)