Criminal prosecutor's claim of absolute immunity depends on the nature of the function he or she performed

Whether a prosecutor is entitled to absolute immunity for specific actions “depends principally on the nature of the function performed.” In this action the United  States Court of Appeals, Second Circuit, held that "[a]s the presentation of inculpatory evidence showing probable cause to the grand jury is an essential prosecutorial function, necessary to obtain an indictment, doing so is protected by absolute immunity", explaining that it is “intimately associated with the judicial phase of the criminal process."With respect to the prosecutor giving "reassurance" to an infant witness, providing such reassurance is a protected act of “advocacy” in the course of presenting the prosecutor's  evidence to the grand jury.For the purpose of determining whether this prosecutor is entitled to absolute immunity for placing the most crucial inculpatory evidence before the grand jury, and where the accused admits that…

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