Justice Denied: How Police Misconduct and Prosecutorial Abuse Go Unpunished

In the U.S., both police officers and prosecutors often avoid accountability for misconduct due to qualified immunity and a lack of external oversight. This immunity prevents officers from being sued for actions taken in the line of duty unless they violate “clearly established” law, which leaves much misconduct unchecked. Prosecutors, too, are rarely held accountable, even in cases of wrongful convictions or evidence tampering.

The Problem of Qualified Immunity
Qualified immunity protects officers from liability for misconduct, including excessive force and wrongful detainment. This has resulted in instances of unchecked brutality and abuse, particularly in marginalized communities. Cases like those of George Floyd and Breonna Taylor have brought increased attention to police abuses that rarely lead to convictions or discipline.

Prosecutorial Misconduct
Prosecutors have immense power over cases, including deciding which cases to pursue and recommending sentences. However, misconduct such as evidence withholding, witness tampering, and wrongful convictions often goes unpunished. The 1987 case of Michael Morton, who was wrongfully convicted due to prosecutorial misconduct, exemplifies the damage unchecked power can cause.

Reform Ideas

• End Qualified Immunity: Allowing lawsuits against officers would hold them accountable for misconduct.

• Independent Oversight Boards: Civilian review boards could provide oversight and review cases of misconduct.

Sources

• American Civil Liberties Union – “Qualified Immunity and Police Accountability” (aclu.org)

• The Innocence Project – “Prosecutorial Misconduct” (innocenceproject.org)

• The Marshall Project – “How Qualified Immunity Shields Police from Accountability” (marshallproject.org)