One Small Step….

Ah, the lovely world of prosecutorial  misconduct.  Anyone interested in the failure that is the War on Drugs, death penalty cases, or hell, the legal system in general is familiar with prosecutorial misconduct.  Unfortunately, we have a justice system where prosecutors have immunity.  Immunity from prosecution, but not anonymity, thanks to the 9th circuit.

From The Volokh Conspiracy

[U]pon initial release of this opinion, the government filed a motion requesting that we remove Albert’s name and replace it with references to “the prosecutor.” The motion contended that naming Albert publicly is inappropriate given that we do not yet know the outcome of any potential investigations or disciplinary proceedings. We declined to adopt the government’s suggestion and denied its motion. We have noticed that the U.S. Attorney’s Office in Arizona regularly makes public the names of prosecutors who do good work and win important victories. E.g., Press Release, U.S. Attorney’s Office for the District of Arizona, “Northern Arizona Man Sentenced to Federal Prison for Arson,” (January 31, 2012) (“The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix”), available at http://www.justice.gov/usao/az/press_releases/2012/PR_01312012_Nez.html. If federal prosecutors receive public credit for their good works — as they should — they should not be able to hide behind the shield of anonymity when they make serious mistakes.

United States v. Lopez-Avila (9th Cir. amended Feb. 14):

 

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