The Public Duty Doctrine.69: Review To-Do List

On November 21, 2009 (Areas of Interest), I summarized what we should be focusing on which could make a significant difference in our relationship with law enforcement. Let's include one more to the list:

1. Cultivate better "refs" on the field, based on the public knowing of The Public Duty Doctrine; these would include local/state police, FBI, DEA, FTC, SEC, DSS, etc.

2. Create Citizen Review Boards, nationwide, to monitor law enforcement activity.

3. Create a new type of Citizen Review Board Grand Jury system, with subpoena power.

4. Create a new Miranda-type warning for victim-witnesses, disclosing The Public Duty Doctrine: Government and its agents (law enforcement) have no legal duty to protect; they cannot be held liable for failing to protect, because there was no legal duty to protect in the first place).

Note that the criminal justice system is an adversarial system (State vs. Smith). This alteration will create a three-tiered system, a system that focuses on victim's rights, whereas now the victim is merely a witness under law, many times viewed as suspect by district attorneys. There should be no change to the civil side of suing the wrongdoer.

5. President declares national/state of emergency, nationwide, on the basis that the public is not aware of certain information vital to the public safety, that is: The Public Duty Doctrine; that the failure to disclosure The Public Duty Doctrine is systemic and average citizens have unrealistic expectations regarding law enforcement and unknowingly put their lives at risk by doing so.

Example:http://www.whitehouse.gov/the-press-office/message-congress-annual-renewal-emergency-authorities

6. If the President fails to declare a national/state of emergency, class-action lawsuits should be brought up against the U.S. Government, State Governments, American Bar Association, State Bar Associations, State University/College Systems, and the 50 Departments of Public Instruction for failing to disclose The Public Duty Doctrine, which is information vital to the public safety and promotes responsible citizenship.

7. High school dropouts and graduates, including the home-schooled, shall spend at least one full day in class discussing The Public Duty Doctrine prior to leaving school. A police officer, a lawyer, a social worker, and a victim-rights' advocate shall conduct the class. The students shall sign a form acknowledging they understand the Doctrine. If these students are minors, their parents shall be required to sign off on an appropriate form.

8. Promote and create groups of Citizens on Patrol, nationwide. Volunteers donating so many hours a month to patrol their neighborhoods. This goes beyond Neighborhood Watch, which is passive. Citizens on Patrol is an active enterprise. For further information, pull up National Association Citizens on Patrol, founded July, 1999. Depending on the response, able-bodied citizens may be called to duty as in being called to jury duty.

9. Keep an eye on U.S. Government Statistical Value placed on an American life (see June 18, 2009 posting to this blog).

The Public Duty Doctrine.68: State of Emergency 2

July 1 & 2 of 2009, I posted on this blog a 1991 letter that I had sent to then North Carolina Governor James Martin, along with the Governor's response. Actually, the State Attorney General's Office responded on behalf of the Governor.

The Governor's response then to my request amounted to obstruction of justice. It still does.

Generally, state governor's declare states of emergencies, and then petition the federal government for assistance. However, the President of the United States can also declare a national/state of emergency as well.

Consider this (and by the way, have fun trying to research this issue with any kind of clarity):
http://en.wikipedia.org/wiki/State_of_emergency Did you catch the words "... alert citizens to alter their normal behaviors ..." in the first sentence? Did you read the part that the President can initiate a state of emergency on his own?

As stated in the title of this piece, I'm going to prepare and send a very similar letter, as I did in 1991, and direct it to President Obama. And I will get a letter back, I'm sure, from the U.S. Attorney's Office stating pretty much the same response as I got before. Obstruction of Justice II.

You see, I need to go on the record, make it official. And when I get Obama's response back, if any, I will post it here.... for you to see...with your own eyes.

Alive from Wanesville, David McMillan

The Public Duty Doctrine.67: The Red Pill

The movie Matrix appeared in American theaters in 1999. The protagonist, Neo (played by Keanu Reeves) seeks the truth. Neo is offered two pills: The red one leads to the truth. The blue one maintains the status quo. Neo chose red, as I did, long ago.

Which are you going to choose?

http://www.youtube.com/watch?v=te6qG4yn-Ps

http://www.arrod.co.uk/essays/matrix.php

The Public Duty Doctrine.66: Rape in 1973

Interesting Time Magazine article. Again, no mention of The Public Duty Doctrine.

http://www.time.com/time/magazine/article/0,9171,945273,00.html

And a 2000 report. No mention of The Public Duty Doctrine.

http://www.musc.edu/vawprevention/research/sa.shtml

PDD.65: Rape Crisis & Confidentiality

http://www.rainn.org/pdf-files-and-other-documents/Public-Policy/Legal-resources/2009-Confidentiality/NorthCarolina09.pdf

The Public Duty Doctrine.64: U.S. Rape Kits

http://www.hrw.org/en/news/2009/12/14/united-states-senate-should-act-rape-investigations

The Public Duty Doctrine.63: Sovereign Immunity

Wikipedia does a pretty good job on this issue. Consider the international implications, as follows:

http://en.wikipedia.org/wiki/Sovereign_immunity

PDD.62: 9-11 & Sovereign Immunity

Survivors sued Saudi Arabia for their involvement with 9-11.

Consider the following: http://rawstory.com/08/news/2009/06/29/supreme-court-quashes-911-lawsuit-against-saudis/

The Public Duty Doctrine.61: Christmas Day Bomber

What if the Christmas Day Bomber, who was from Nigeria, was successful in setting off that bomb? What if it could be proven that government officials in Nigeria were aware of the plot and did nothing to stop it? How far do you think you'd get in finding justice?

Consider this: http://www.dawodu.com/ijalaiye1.htm

PDD.60: Canada's Sovereign Immunity

Consider the case of this Canadian lawyer and put yourself in his shoes.http://www.lawyersweekly.ca/index.php?sectionarticle&articleid=824

PDD.59: Women Of The 21st Century

The New York Times Magazine, dated August 23, 2009, was devoted primarily to women's issues, globally. I had six daughters. I have a vested interest in this subject.

One of its articles was entitled, "The Women's Crusade," co-authored by Nicholas D. Kristof and Sheryl WuDunn. The article opens with, "In the 19th Century, the paramount moral challenge was slavery. In the 20th century, it was totalitarianism. In this century, it is the brutality inflicted on so many women and girls around the globe: sex trafficking, acid attacks, bride burnings and mass rape."

All the articles are indepth, comprehensive, and heartwrenching.

I believe that American women will lead the way in changing the plight of women globally. And at the same time I'm going to level an accusation against those same American women, and that is: If American women fail to recognize (at least in the U.S.) that government and its agents have no legal duty to protect, they will export unrealistic expectations to impoverished and tortured women abroad. American women need to deal with this issue here and now, openly, consider their options under the circumstances, and proceed as role models for the rest of the world. Until then, their efforts will be fruitless.

I have not done extensive research on similar laws around the world. But you can bet that the rest of the world's governments will emulate the U.S. regarding failure to protect and sovereign immunity issues.

By the way, the above The New York Times Magazine issue did not mention, either specifically or generally, The Public Duty Doctrine in the U.S. or similar laws around the world.

The Public Duty Doctrine.58: Due Diligence

Why should we educate ourselves about The Public Duty Doctrine? Because when we cry foul to the criminal justice system's failure to protect, the system usually responds with: We had no legal duty to protect in the first place; and, if you gave the subject due diligence, you would have known the criminal justice system does not protect. Therefore, ignorance is no excuse.

Due diligence means you investigate first before you commit, you look before you leap.

Consider the attached: http://en.wikipedia.org/wiki/Due_diligence