ABOLISH GOVERNMENTAL IMMUNITY: Trial and Error: Report Says Prosecutors Rarely Pay Price for Mistakes and Misconduct.

The Innocence Project released a report Tuesday alleging that prosecutors across the country are almost never punished when they withhold evidence or commit other forms of misconduct that land innocent people in prison.

The Innocence Project, a nonprofit legal group that represents people seeking exonerations, examined records in Arizona, California, Texas, New York and Pennsylvania, and interviewed a wide assortment of defense lawyers, prosecutors and legal experts.

In each state, researchers examined court rulings from 2004 through 2008 in which judges found that prosecutors had committed violations such as mischaracterizing evidence or suborning perjury. All told, the researchers discovered 660 findings of prosecutorial error or misconduct. In the overwhelming majority of cases, 527, judges upheld the convictions, finding that the prosecutorial lapse did not impact the fairness of the defendant’s original trial. In 133 cases, convictions were thrown out.

Only one prosecutor was disciplined by any oversight authorities, the report asserts.

I had some thoughts here and here.

And, of course, there’s my Ham Sandwich Nation piece in the Columbia Law Review.