Stump
The modern immunity stack inverts the accountability scheme of every prior legal tradition Anglo-American law descends from
Anglo-American legal traditions from Hammurabi through the Roman accusatio held accusers, witnesses, and judges personally accountable for the prosecutions and judgments they generated. The modern American system has, through three Supreme Court decisions between 1976 and 1982, granted absolute immunity to prosecutors and judges and qualified immunity to executive officials — formally eliminating the accountability chain that every prior legal tradition the Sixth Amendment preserves was built around.
The Accuser's Vanishing Risk
Every legal tradition Anglo-American law descends from imposed personal risk on the actors who generated adjudicatory outputs — the accuser, the witness, the judge. The procedural revolution that began under Innocent III in the early thirteenth century and reached its operational apex in the Malleus Maleficarum (1487) progressively dismantled that accountability scheme. The modern American immunity stack — Imbler (1976), Stump (1978), Harlow (1982) — formalizes the dismantling through judicial construction of 42 U.S.C. § 1983. The essay traces the genealogy and asks what the Sixth Amendment's accusatorial design was meant to protect against.