|View single post by Joe Kelley|
|Posted: Tue Oct 2nd, 2018 10:01 pm||
|18 U.S. Code § 242 - Deprivation of rights under color of law
"Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death."
"The Supreme Court held that the suppression of favorable evidence violated Brady's rights under the Due Process Clause of the Fourteenth Amendment. 69
66. See Kyles, 514 U.S. at 437-38.
67. See Brady, 373 U.S. at 87 ("The principle of Mooney v. Holohan is not punishment of society for misdeeds of a prosecutor but avoidance of an unfair trial to the accused.").
69. Id. at 86. The Due Process Clause states that "[n]o State shall ... deprive any person of life, liberty, or property, without due process of law." U.S. Const. amend. XIV.
"While the Supreme Court requires prosecutors to disclose certain evidence to the defense, consequences for withholding such evidence do not exist in the criminal justice system."
87. See Weeks, supra note 78, at 878 ("[T]he prospect of a civil suit under federal law for a Brady violation simply does not exist. We will have to look elsewhere to discover the incentive for prosecutors to comply with their constitutional obligation to disclose exculpatory evidence.").
"In fact, the Supreme Court has granted prosecutors absolute immunity from civil liability for failure to disclose exculpatory evidence.88"
88. See Imbler v. Pachtman, 424 U.S. 409, 430 (1976); see also Bruce A. Green, Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement?, 8 St. Thomas L. Rev. 69, 79 n.54 (1995) [hereinafter Green, Enforcement] (stating that "prosecutors have absolute immunity for misconduct related to their prosecutorial function").