shouldRE: Ther North Carolina (Duke lacrosse) case /Offline Please

[Bezanson, Randall P]

I know that Prof. Holden's message asked for off line responses, but the
topic of the Duke cases raises two questions about which I know little,
but would be interested in others' informed views.  First, is
prosecutorial immunity absolute, and second, if not, what would have to
be proven to override it should the boys' families wish to sue to
recover their substantial costs of defense over the past year? 
 
Randy Bezanson
University of Iowa Law School

________________________________

From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of
matthewhpolsci at aol.com
Sent: Thursday, April 12, 2007 8:44 PM
To: lawcourts-l at usc.edu; conlawprof at lists.ucla.edu
Subject: Ther North Carolina (Duke lacrosse) case /Offline Please


The North Carolina case and the way the local prosecutor handled it is
sure to produce a lot of discussion about policy and procedural changes
to constrain prosecutorial discretion.
 
I am interested in the whole subject that I sometimes call "the politics
of prosecution," and have been following aspects of it for some years.
If there are colleagues who have work of their own that they want to
mention, or ideas they want to share, offline, I would be interested.
 
I will treat anything with whatever degree of restraint others may wish,
but I am personally not ready for protracted on-line discussions.  In
any case, my experience tells me that most colleagues are expert in, and
interested in, judicial decision-making, rather than in pre-judicial
decision-making.
 
Sincerely yours,



Matthew Holden, Jr.
Henry L. and Grace M. Doherty Professor Emeritus of Politics, University
of Virginia

DIRECT MAILING ADDRESS
P. O. Box 12588
LeFleur Station
Jackson, MS 39236-2588

Phone: 601-952-0596

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