Legal Question in Criminal Law in Maryland
can a local police dept be sued for not investigating a crime as a murder when autopy report shows a homicide was commited and case goes unsolved? the murders were in 1979 and still are unsolved.
1 Answer from Attorneys
Probably not successfully, because government employees are protected from lawsuits for what they do that is within the scope of employment. Regardless, the police department's behavior is really a civil instead of a criminal issue. While there may be things that the police would have, could have, or should have done, keep in mind some crimes are never solved. Charges are brought and resolved based no evidence of probable cause and proof beyond a resonable doubt. Peoples' beliefs are important, but not necessarily evidence. If evidence is insufficient or does not exist, then charges will not be brought. Of course, a case of cover up would be another matter.
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