NCJ Number
5107
Journal
Illinois Bar Journal Volume: 60 Issue: 12 Dated: (AUGUST 1972) Pages: 946-956
Date Published
1972
Length
11 pages
Annotation
REVIEW OF THE PRACTICAL AND THEORETICAL GROUNDS FOR A PROSECUTOR'S IMMUNITY FROM CIVIL SUIT FOR ACTIVITIES IN CONNECTION WITH HIS OFFICIAL DUTIES.
Abstract
THE DECISION WHETHER TO RETAIN OR ABOLISH PROSECUTORIAL IMMUNITY REQUIRES A BALANCING OF TWO LEGITIMATE INTERESTS - THE PROTECTION OF INDIVIDUAL RIGHTS AND THE EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE. IN WEIGHING THESE INTERESTS, THE BEST APPROACH IS TO CHOOSE THAT INTEREST WHICH WILL HAVE THE LEAST ADVERSE EFFECT UPON COMPETING INTERESTS. INDIVIDUAL RIGHTS SHOULD NEVER BE SACRIFICED IN THE AREA OF CRIMINAL LAW. OTHER SOCIAL CONSIDERATIONS, HOWEVER, BECOME MORE IMPORTANT WHEN A CIVIL REMEDY IS INVOLVED.