Legal Opinion
Stephen Buckley, Plaintiff-Appellee-Cross-Appellant v. J. Michael Fitzsimmons, Defendants-Appellants-Cross-Appellees
Court of Appeals for the Seventh Circuit
Decided January 14, 1991No. 89-2441, 89-2899 and 89-2900PublishedCited by 74 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Probable cause is enough to initiate a criminal prosecution. It takes proof beyond a reasonable doubt to convict. That difference, together with uncertainties in what the evidence will show, implies that some innocent persons will be prosecuted. Trial is supposed to filter out the innocent, a task it serves well if imperfectly.
Accusation and trial are wrenching experiences, especially for the innocent. On top of trauma comes expense and often the loss of freedom pending disposition. How should society respond when an innocent person is prosecuted? Apologies are mild…
2Cases cited68 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Malley v. BriggsSupreme Court of the United States · 1986
- Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
63 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Buckley v. FitzsimmonsSupreme Court of the United States · 1993
- Burns v. ReedSupreme Court of the United States · 1991
- Gregory v. City of LouisvilleCourt of Appeals for the Sixth Circuit · 2006
- Schrob v. CattersonCourt of Appeals for the Third Circuit · 1991
- The National Association for the Advancement of Colored People v. American Family Mutual Insurance CompanyCourt of Appeals for the Seventh Circuit · 1992
69 more not listed; retrieve them via the Exa API.