Texas Prosecutors and Accountability

Friday, April 6th, 2012

From a new Innocence Project study:

 . . . courts have confirmed that prosecutorial misconduct occurred in 91 Texas criminal cases between 2004 and 2008 . . .

These of course would only be the cases in which a Texas court called out the misconduct. Just a hunch, but in Texas, I’d imagine the misconduct would need to be pretty egregious for that to happen.

Want to guess how many of the prosecutors in those 91 cases faced disciplinary action of any kind?

Yes. It’s zero. The mere possibility of holding the prosecutor in the Morton case in some way accountable is what makes it a story.

One of the main arguments groups like the National District Attorneys Association always brings up in the briefs for these challenges to absolute immunity is that bar associations, courts, and professional organizations do a perfectly fine job of disciplining bad prosecutors. But study after study after study has shown that it just isn’t true.

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7 Responses to “Texas Prosecutors and Accountability”

  1. #1 |  david | 

    instead of suing the prosecutors, is it possible to sue their disciplinary boards for breach of public trust and malfeasance for failing to discipline their members

  2. #2 |  SJE | 

    I agree that the bar associations are weak. However, when bar associations have tried to discipline prosecutors, the state tries to take away the bar association’s power to discipline. There was a case on this site within the last 18 months

  3. #3 |  Homeboy | 

    “…study after study after study has shown that it just isn’t true.” The National District Attorneys Association knows it is not true, even as they make the assertion in their briefs. The NDAA systematically engages in a process known in common parlance as, “Lying.”

  4. #4 |  SHOES THROWER | 

    Who will tweet the addresses of these prosecutors?

  5. #5 |  jmcross | 

    Is there not one state out of 50 that isn’t eat up with control freaks and assholes? Why doesn’t USDOJ/FBI do something about th… wait… nevermind.

  6. #6 |  John P. | 

    Cops investigating and protecting other cops. Lawyers investigating and protecting other lawyers… Congress investigating and protecting other congress members…

    Yeah I see a pattern here.

  7. #7 |  RRR | 

    Any and all impunity needs limits, brick fucking wall style limits! No grey mortar allowed! Build with grey you are guilty and get the same penalty you were seeking!

    But first and foremost immediate termination and termination of all public provided job bennies!