HorseTears, special prosecutors are nothing new. They are appointed on certain cases where there is a conflict with the local d.a.. (or similar prosecutorial agency). Often times the attorney appointed is not currently working in prosecution but often he or she has had prosecutorial or at least highly related experience. At other times they are attorneys who currently work as prosecutors in another jurisdiction.
Ken Starr was an independent prosecutor appointed to investigate various concerns around Bill Clinton because, obviously, Janet Reno would have had a conflict of interest, her being Clinton's Attorney General. Similarly, Patrick Fitzgerald investigated the government in the Valerie Plame cia-outing case and Archibald Cox investigated Richard Nixon in Watergate.
In the instance of complaints against cops, there would not nec. need to be ad hoc appointments of independent prosecutors; rather each state could have a permanent prosecutorial agency assigned to investigate criminal complaints against the police (in addition to already existing internal affairs bureaus, civil complaint review boards, etc. which are of civil investigating agencies rather than criminal (although what's being investigated might also be criminal)), thus removing the agency from the appearance of a conflict of interest that would attend a local prosecution by the District Attorney.
Updated On: 12/8/14 at 06:31 PM