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...Iowa's supreme court overturned Harrington's conviction, while McGhee pled guilty to lesser charges and was released. Now both men are suing the Pottawattamie County prosecutors, claiming they coerced and coached witnesses, fabricated evidence and arrested them without probable cause. But according to federal law supported by numerous legal precedents, prosecutors have immunity for anything they do during a trial. Richter and Hrvol say they were just doing their...

Author: /time Magazine | Title: When Is It Legal to Frame a Man for Murder? | 11/5/2009 | See Source »

Hrvol and Richter cannot be tried for knowingly putting a dishonest witness on the stand. They don't have to own up to the fact that they presented false evidence or coerced a witness's testimony. But fortunately for McGhee and Harrington, they did something on which the law is not completely clear - they didn't just present the evidence at trial, but also helped gather it. In an unusual move, the prosecutors aided detectives by canvassing the neighborhood and interviewing witnesses, and so their actions may not be covered by absolute immunity. That is what the Supreme Court will...

Author: /time Magazine | Title: When Is It Legal to Frame a Man for Murder? | 11/5/2009 | See Source »

...Usually when there's a case of fabricating evidence, it's done by the police officers because they're the ones investigating the crime. Like with Mark Furman allegedly planting a bloody glove on O.J. Simpson's property," says Todd Pettys, a law professor at the University of Iowa. Police officers don't have absolute immunity and can be sued when their actions are egregious enough. Framing someone for murder definitely falls into that category. "But if the prosecutors do it," says Pettys, "then what...

Author: /time Magazine | Title: When Is It Legal to Frame a Man for Murder? | 11/5/2009 | See Source »

...opportunity for the Obama Administration to use the leverage offered by Afghanistan's security and economic dependency to press Karzai to do better. "If we can start pressuring him to start cracking down on high-profile criminals and drug traffickers to show that he actually cares about rule of law, then he starts gaining legitimacy," says Dempsey. "Afghanistan is still going to be a basket case five years from now, but at least the perception that the head leadership is trying to move the country in the right direction will give people faith...

Author: /time Magazine | Title: Can the U.S. Win in a Karzai-Led Afghanistan? | 11/5/2009 | See Source »

...Still, the Strasbourg court cannot be accused of discriminating against Christianity in particular. In 2005, the human-rights court upheld a then long-standing ban on headscarves in public buildings in Turkey, a law that has since been eased by the current ruling Muslim party. And of course, beyond the halls of its European institutions, the city of Strasbourg is also in the heart of the ever more secularized French Republic, where students are forbidden from wearing headscarves or any other religious symbol in public schools. To U.S. and U.K. sensibilities, this ban continues to seem as strange as crucifixes...

Author: /time Magazine | Title: Will Crucifixes Be Banned in Italian Schools? | 11/5/2009 | See Source »

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