In the case scenario there is failure to adhere to the rule of law concerning detaining of criminals as overruled by the prosecuting attorney and the police officers in various stations. In most occasions Christopher is set free even when he is guilty for his crimes which prove a legal malfunction in the police and entire judicial system. Therefore, the members of the criminal justice system operate through an unjust manner since they fail to consider the demands of the victim on detaining the criminal (Johns, 2005). From the case Christopher is set free in most occasions even when he is guilty of the crimes on domestic battery that affects his wife Melissa and Madden their daughter. Christopher is seen as a heartless, harmful and cruel husband since he risks the lives of his family by inflicting physical pain to them.
Christopher becomes a danger to their lives since when he is drunk, he becomes physically destructive to those around him. Prosecutorial immunity is the absolute immunity that is applied by the prosecutors for certain prosecutorial acts that are not investigated. It exists in a situation where no immunity statute exists therefore the prosecutor enters an agreement to forego the prosecution of the witness defendant as an exchange for the inculpatory testimonies against another defendant (Johns, 2005). Absolute immunity is a sovereign factor for most government officials to confer immunity to any criminal prosecution in line with the set scope of duties.
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In prosecuting the attorneys, the cloak of absolute immunity should only apply when the prosecuting attorney rules over the cases in fair and just manner. For the individuals who go against the requirements within the rule of law margin they require adverse punishments to cater for their mistakes (Anenson, 2007). Matter concerning physical abuse and torture of women should be considered and ultimate investigations conducted to ascertain the truth in the case. In the case scenario, the use of the absolute immunity will not apply since the prosecuting attorney has gone against the legal requirements on ruling the case between Christopher and Melissa. He fails to see facts on how Melissa is being mistreated by Christopher and goes ahead to rule the case that he sees no valid reason for the police arrest. The attorney fails to consider the harsh environment Melissa lives under her husband who is an alcohol addict. The prosecuting attorney should be omitted under the bracket of absolute immunity since he engages in unfair ruling techniques that are not in line with the legal framework of the judicial system.
In most situations the prosecutors should not be held accountable for their lack of action since it affects the way the make decisions on certain matters. The major roles and responsibilities of the prosecutors are to ensure that a proper and developed criminal justice system is promoted for the benefits of the citizens. In the United States’ legal framework, it states that no one is above the law hence, when one is found guilty for a crime, necessary action is taken to them to bring the criminal offenders to justice (Anenson, 2007). In most cases the prosecuting attorneys end up being under the exception of the law since most governments feel they rule based on what is right therefore their ruling dictates their level of power. They therefore use it as a loophole to determine how certain activities will become since they feel they are in power because of their judicial position.
References
Anenson, T. (2007). Absolute Immunity from Civil Liability: Lessons for Litigation Lawyers.
Johns, M. (2005). Reconsidering Absolute Prosecutorial Immunity . Brigham Young University Law Review. 2005.
