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SCOTUS examining potential liability for prosecutorial misconduct again

By Douglas A. Berman

Two very interesting cases come before the Supreme Court for oral argument today, and here are the basics via SCOTUSblog: Snyder v. Phelps: "Does the First Amendment protect protesters at a funeral from liability for intentionally inflicting emotional distress on the family of the deceased? "  Connick v. Thompson: "Can a prosecutor?s office be held liable for the illegal conduct of one of its prosecutors, on the theory that the office failed to adequately train its employees, when there has been only one violation resulting from that deficient training?" Though the funeral protest case may get a bit more general attention, criminal justice fans should be sure to keep an eye on Connick v. Thompson.  The Supreme Court in recent Terms has seem willing (perhaps even eager) to extend absolute immunity to nearly all prosecutorial work...continue to full post

Full post as published by Sentencing Law and Policy on October 06, 2010 (boomark / email).