[Newsbot]

Title: B.C. man can sue over wrongful sex-assault conviction, top court rules
Category: Law & Order
Posted By: DrCaleb
Date: 2015-05-01 07:09:04
Canadian

[andyt]

about time

[BartSimpson]

andyt andyt:

about time

Agreed. This is a necessary move and I hope that this case influences the same kind of thing to occur in the USA where we desperately need it.

[BeaverFever]

Yeah but if the prosecutor withled information intentionally, isn't that almost by definition malicious?

It should be like doctors - whether intentional or not you should be able to sue for damages due to negiligence of malfeasanse. That still leaves a lot of room to protect good lawyers who acted reasonably and in good faith but just happened to be wrong in hindisght. The lawyers should have malpratice insurance just like doctors. Where malice or unreasonable negligence is found, there are professional sacntions that can also be imposed, from fines to license suspensions and revocation

[2Cdo]

BeaverFever BeaverFever:

Yeah but if the prosecutor withled information intentionally, isn't that almost by definition malicious?

It should be like doctors - whether intentional or not you should be able to sue for damages due to negiligence of malfeasanse. That still leaves a lot of room to protect good lawyers who acted reasonably and in good faith but just happened to be wrong in hindisght. The lawyers should have malpratice insurance just like doctors. Where malice or unreasonable negligence is found, there are professional sacntions that can also be imposed, from fines to license suspensions and revocation

I've been calling for something like this for years. Part of the reason why I say that no names be published upon an arrest in a sexual assault case. Once convicted, it's a different story.