Assuming the reader by now knows the basic concept of The Public Duty Doctrine, allow me to expand on this concept a little further.
When your son or daughter, your father or uncle, goes into the military and then off to war, something happens in their psyche. They see themselves in a different light, one tied to and responsible for others. They think in terms of their unit: You're only as good as the guy standing next to you. In time, each member pledges to their comrades, "Don't worry. I've got your back!" It means that while, say, I'm pursuing my mission, concentrating, and focusing on the particulars, one of my buds is watching over me, prepared at any moment to risk his or her life to protect mine. It is truly a matter of life and death.
Police officers know this. They think of themselves in these terms, like "We take care of our own. We've got each other's back." Police officers tend to make law enforcement a career, so they maintain this philosophy throughout much of their lives. They cannot relate to the general public (dah!), which is viewed often as self-centered, lacks character, a sense of loyalty and responsibility.
However, the soldier, more times than not, comes home to an economic and social system where "I've got your back" does not exist. The culture shock is staggering. They sense something is wrong with our system. They come home to a system where the majority of rape victims fail to report their victimization because they fear the system, to a system ignored by the Federal Trade Commission and FBI concerning the looting of our financial system, to a system where OSHA is supposed to routinely check safety at the plant where his wife works, but doesn't, until you have one dead body or three in a hospital. And that's just for starters. They sense something isn't right, and they can't put their finger on it.
What if American soldiers knew of The Public Duty Doctrine, that government and its agents have no legal duty to protect (the families they've left behind); that they cannot be held legally liable for failing to protect because there was no legal duty to protect in the first place? These soldiers were never taught this in school. They bought into the message written on the side of the patrol car "Protect & Serve." They left to go fight, thinking that government and its agents had their back, that is, to protect their families.
I understand that The Public Duty Doctrine simply states that government and its agents have a duty to protect society as a whole, not the individual, unless a specific promise has been made, like Witness Protection. But, considering that, government and its agents have done a miserable job, have failed to protect America as a whole. For instance, Border Patrol, protecting America from an invasion of cheap, illegal labor. And that's just for starters. How are American soldiers going to react when they get home and can find no jobs? Or jobs, at least, that can support their families?
Are they going to feel a sense of betrayal? Do you want to be around when they find out the truth about our glorious system?
I understand that law enforcement cannot be everywhere, that they cannot pre-emptively strike before a citizen is victimized. However, failing to disclose The Public Duty Doctrine and allowing people to have a false sense of security, is both reckless and criminal. And I wouldn't want to be those who are failing to disclose this most vital information. Because someday they will be, themselves, looking over their shoulder, seeing if someone's got their back. And all they'll find is thin air.
Refer back to my post, The Public Duty Doctrine.32, to see what must be done. There will be short-term chaos. But the long-term benefits should be eye-opening, a dawning on a new America.
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