My uncle used to be a federal prosecutor. Now he defends clients for a private law firm.
He was describing a case to me that involved the government suing his client over something. It turns out that the prosecutor's case was based on a misunderstanding of the relevant laws. Millions of dollars and potential jail time were on the line.
I asked my uncle "do these prosecutors, their office, or anybody face potential retribution for nearly ruining this guy's life and likely ruining his business?" My uncle replied "no, there is nothing that can be done to them." I asked "so if some asshole in a prosecutor's office doesn't like you or is a dumbass, he can just ruin your life and that's it?" "Yes," he said.
I can understand why this is. If law enforcement, generally, were subject to the same liability as regular citizens, that is all anybody would seek to do when the law looks at them. The result would be "playing it safe," and prosecutors would only seek the easy cases, leaving the bulk of crime to happen without repercussions. I don't know what can be done, and there is likely no general solution, but thinking about this makes me realize that "freedom" is not exactly a thing. At least in this case the guy could hire a good lawyer and avoid the worst.
He was describing a case to me that involved the government suing his client over something. It turns out that the prosecutor's case was based on a misunderstanding of the relevant laws. Millions of dollars and potential jail time were on the line.
I asked my uncle "do these prosecutors, their office, or anybody face potential retribution for nearly ruining this guy's life and likely ruining his business?" My uncle replied "no, there is nothing that can be done to them." I asked "so if some asshole in a prosecutor's office doesn't like you or is a dumbass, he can just ruin your life and that's it?" "Yes," he said.
I can understand why this is. If law enforcement, generally, were subject to the same liability as regular citizens, that is all anybody would seek to do when the law looks at them. The result would be "playing it safe," and prosecutors would only seek the easy cases, leaving the bulk of crime to happen without repercussions. I don't know what can be done, and there is likely no general solution, but thinking about this makes me realize that "freedom" is not exactly a thing. At least in this case the guy could hire a good lawyer and avoid the worst.