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).