 B.C. man can sue over wrongful sex-assault conviction, top court rulesLaw & Order | 206729 hits | May 01 7:09 am | Posted by: DrCaleb  Case broadens rights of wrongfully convicted individuals to sue prosecutors without having to prove maliceCommentsview comments in forum Page 1 You need to be a member of CKA and be logged into the site, to comment on news. |
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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.
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
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.