by William Anderson:
Excerpt:
Criminal trials are not market-based events, but, nonetheless, guilt and innocence depend upon all of the participants – and especially jurors – having correct information presented to them within the rules of due process. People rightfully are disturbed by wrongful convictions.
Prosecutors have huge incentives to convict, and benefits of winning convictions are likely to outweigh any potential costs. More convictions mean electoral victories (many members of Congress are former prosecutors), raises for staff attorneys, and prestige.
The main cost is the levying of legal sanctions for misconduct. However, unlike most professionals that have to weigh the potential costs of lawsuits should they fail to satisfy a customer or client, prosecutors don’t have to worry about lawsuits, and it is extremely rare for prosecutors ever to face any legal sanctions even for the most egregious of behavior.
https://mises.org/blog/immunity-prosecutors-encourages-fraud