The problem isn’t hard to explain or fathom. Local prosecutors work hand in hand with the cops. They need each other, even if they don’t necessarily like or respect each other, and both know it. So when a cop does wrong, there is invariably an inherent conflict in expecting the local prosecutor to treat her as he would any other defendant. And it’s not just the one dirty cop, as cops come in packs, and the brethren get rather protective of each other, so the prosecutor faces a police force that might not appreciate that she’s just doing her job.
There are alternatives, of course. There are other prosecutorial offices who can step in when a conflict arises. There are cities and states with special prosecutors to address conflicts in general and cops in particular. And, in fairness, there are local prosecutors who have the integrity to do what the law requires, even if it means making enemies on the force.
Joshua Michtom, an assistant public defender at the Connecticut Office of the Chief Public Defender, offers an interesting alternative. Continue reading →