I'm not totally cynical about the human condition: Man's inhumanity to man. It might come as a surprise to you that there is a guiding light at the end of my tunnel, and his name is Frank Serpico, a retired New York City cop. He blew the whistle on corruption in the New York City Police Department in the early 70's, and almost paid the ultimate price (see Knapp Commission). I'm sure if he had been a trader on Wall Street in, say, 2005, he would have been testifying in front of Congress. He's just that kind of guy.
Hollywood made a movie about him: Serpico, played by Al Pacino (1973).
According to Wikipedia (see "Frank Serpico"), before the filming, Al Pacino invited Serpico to a house out on Long Island, NY. Pacino "...asked him why he did it. Serpico replied: 'Well, Al, I don't know. I guess I would have to say it would be because...if I didn't, who would I be when I listened to a piece of music.' "
Ditto.
Tuesday, June 30, 2009
Monday, June 29, 2009
The Public Duty Doctrine.4: The Wall of Shame
"Government and its agents are under no general duty to provide public services, such as police protection, to any particular citizen, but, rather, duty to provide public services is owed to the public at large, and, absent special relationship between police and individual, no specific legal duty exists."
Warren v. District of Columbia
444A. 2d 1 (D.C. Appeals) 1981
Since 1989, I have written and spoken with "collateral agents" and "governmental agents" at all levels concerning pre-victimization and post-victimization needs of American citizens. The citizenry needs to be educated at the earliest possible time about their legal relationship with their government, and they need to be reminded, after the fact (such as a crime), what that relationship is. Early on, my concern was mainly with crime victims and revictimization caused by the criminal justice system. As time went on, I realized that this failure of our government to disclose the truth ran deeper.
This is a representative sampling of either those I have communicated with or items of special attention:
The North Carolina Victim Bill of Rights (Article 45 - 15A-824 thru -825), Rape Crisis Center (Buncombe County), Gene Rainey-then Chairman Buncombe County Board of Commissioners, Department of Justice - State of North Carolina (then Attorney General, Lacy Thornburg), Police Chief Beavers of the Asheville Police Department, then N.C. Governor Jim Martin, National Victim Center, N.C. Council on the Status of Women, Asheville Citizens for Responsive Government, Courtwatch, People Assisting Victims of N.C., National Organization of Women (NOW), Legal Defense and Education Fund (NOW), NC State Representatives and Senators, Leadership Conference on Civil Rights, National Victim Center, Bob Etheridge - then NC Superintendant of Public Instruction, 60 Minutes, Gerry L. Spence, Esq. (his office), MADD, The Asheville Citizen-Times (editorial staff), WLOS-TV Asheville, the present Mayor of Asheville NC, a present-serving Asheville City Councilman, the National Rifle Association, Presidential candidate, then-Senator Obama (2008), and then-Senator Joe Biden (Chairman, Committee on the Judiciary, letter from him dated August 17, 1990).
Get the picture?
Sunday, June 28, 2009
The Public Duty Doctrine.3
Stepping outside the box of what is commonly known as American Law Enforcement, you find two interesting groups: Eric Prince's Blackwater and Jim Gilchrist's The Minutemen Project.
Unbeknownst to the American public, I believe both groups consciously know of and operate under The Public Duty Doctrine premise: If government and its agents (law enforcement) have no legal duty to protect (PDD), and cannot be held legally liable for failing to protect (sovereign immunity), then private citizens can ban together and intervene when the agents of government are unable to do their job, as in the case of Hurricane Katrina, or fail to do their job, as in border security -- that is, protect society as a whole, but not the individual, unless promises are made to the contrary.
Blackwater is a corporation located in North Carolina, which provides security personnel --hired-guns and techno-warriors -- for hire, for profit, worldwide. Mainly for elites: corporate and government. They were thought of by conservatives to be corporate patriots that should be honored alongside our servicemen. See Jeremy Scahill's book: Blackwater -- The Rise of the World's Most Powerful Mercenary Army" and see how these "patriots" operated in and around New Orleans post-Katrina.
The Minutemen Project, however, arose in response to illegal immigration and the ineffectiveness of border security, among other issues. It is my understanding that military veterans are mostly affiliated with this organization -- volunteers, as opposed to paid mercenaries. They would go down to the border, with their binoculars and walkie-talkies, and assist the border patrol. Their efforts were not to protect elites, but to assist America as a whole. The President (Bush), however, did not see them as patriots, but called them "vigilantes." Not-for-profit-vigilantes?
I think that these two organizations provide an interesting contrast when thinking outside the box of American Law Enforcement. I trust you find this interesting, as well.
Unbeknownst to the American public, I believe both groups consciously know of and operate under The Public Duty Doctrine premise: If government and its agents (law enforcement) have no legal duty to protect (PDD), and cannot be held legally liable for failing to protect (sovereign immunity), then private citizens can ban together and intervene when the agents of government are unable to do their job, as in the case of Hurricane Katrina, or fail to do their job, as in border security -- that is, protect society as a whole, but not the individual, unless promises are made to the contrary.
Blackwater is a corporation located in North Carolina, which provides security personnel --hired-guns and techno-warriors -- for hire, for profit, worldwide. Mainly for elites: corporate and government. They were thought of by conservatives to be corporate patriots that should be honored alongside our servicemen. See Jeremy Scahill's book: Blackwater -- The Rise of the World's Most Powerful Mercenary Army" and see how these "patriots" operated in and around New Orleans post-Katrina.
The Minutemen Project, however, arose in response to illegal immigration and the ineffectiveness of border security, among other issues. It is my understanding that military veterans are mostly affiliated with this organization -- volunteers, as opposed to paid mercenaries. They would go down to the border, with their binoculars and walkie-talkies, and assist the border patrol. Their efforts were not to protect elites, but to assist America as a whole. The President (Bush), however, did not see them as patriots, but called them "vigilantes." Not-for-profit-vigilantes?
I think that these two organizations provide an interesting contrast when thinking outside the box of American Law Enforcement. I trust you find this interesting, as well.
Thursday, June 25, 2009
The Public Duty Doctrine.2
Reviewing: Government and its agents (law enforcement) have no legal duty to protect (Public Duty Doctrine); they cannot be held legally liable for failing to protect (sovereign immunity), because there was no legal duty to protect in the first place.
Now, do you think this -- the most fundamental relationship between government and its citizens -- is taught in schools, either specifically or generally? No, it is not taught in schools. Go anywhere in this country, where there is a teaching university, and review state-approved textbooks used in our public school systems, and you will find zip, nada, nothing.
What about colleges? Universities? The same.
However, it is taught to 300-level criminal justice students, generally those going into law enforcement. And who are law enforcement? Consider this:
Homeland Security, Secret Service, FBI, Department of Justice, U.S. Marshall's Service, U.S. Customs and Border, DEA, Diplomatic Security Service, ATF, military police, State Bureau of Investigations, State Highway Patrols, sheriffs/deputies, corrections, probation, police, fish & game, transit police, campus police, airport police, port authority, and welfare fraud invesigators hired by DSS in California, just to name a few.
Get the picture? The Public Duty Doctrine is the best-kept secret in America, from law-enforcement's point of view. And what are the implications of this? The general public stays calm (a false sense of security, ignorant) and submissive (manageable). And the consequences can be devastating (specifics will be provided in a upcoming post).
Now, do you think this -- the most fundamental relationship between government and its citizens -- is taught in schools, either specifically or generally? No, it is not taught in schools. Go anywhere in this country, where there is a teaching university, and review state-approved textbooks used in our public school systems, and you will find zip, nada, nothing.
What about colleges? Universities? The same.
However, it is taught to 300-level criminal justice students, generally those going into law enforcement. And who are law enforcement? Consider this:
Homeland Security, Secret Service, FBI, Department of Justice, U.S. Marshall's Service, U.S. Customs and Border, DEA, Diplomatic Security Service, ATF, military police, State Bureau of Investigations, State Highway Patrols, sheriffs/deputies, corrections, probation, police, fish & game, transit police, campus police, airport police, port authority, and welfare fraud invesigators hired by DSS in California, just to name a few.
Get the picture? The Public Duty Doctrine is the best-kept secret in America, from law-enforcement's point of view. And what are the implications of this? The general public stays calm (a false sense of security, ignorant) and submissive (manageable). And the consequences can be devastating (specifics will be provided in a upcoming post).
Wednesday, June 24, 2009
The Public Duty Doctrine.1
I am no attorney. So, to start with, I want you to refer to a website: May, 2007 issue of The Police Chief: The Professional Voice of Law Enforcement , an article entitled, "Duty to All -- Duty to No One: Examining the Public Duty Doctrine and its Exceptions," by Karen J. Kruger, Senior Assistant County Attorney and Counsel to the Sheriff, Harford County, Maryland. (Go to "policechiefmagazine.org," then "Archive Past Issues," then "May 2007," then "Chief Counsel"....... or .........
http://policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=1172&issue_id=52007
Now, remember, this doctrine applies nationwide -- local, state, and federal. Each state interprets it differently, but the end results are usually the same. And notice in the citations the DeShaney case [#6 - 489 US 189 1989] and pull that up. A Georgia lawyer told me recently to look at Castle Rock v. Gonzalez 545 US 748 (2005).
You need to understand that this little-known law of the land can bite you on the butt if you're not careful. And the above article is a good place to start. If you have any comments, do not hesitate to respond.
http://policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=1172&issue_id=52007
Now, remember, this doctrine applies nationwide -- local, state, and federal. Each state interprets it differently, but the end results are usually the same. And notice in the citations the DeShaney case [#6 - 489 US 189 1989] and pull that up. A Georgia lawyer told me recently to look at Castle Rock v. Gonzalez 545 US 748 (2005).
You need to understand that this little-known law of the land can bite you on the butt if you're not careful. And the above article is a good place to start. If you have any comments, do not hesitate to respond.
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