Ben Roethlisberger, quarterback, Pittsburgh Steelers, Super Bowl champion, alleged rapist of a Georgia girl, was slapped on the wrist.
The district attorney, who does not represent the alleged victim but represents the State of Georgia, reportedly stated there was not enough evidence to prosecute the jock.
What if...........instead of first showering or calling the police or calling Rape Crisis or making any statements at all, the alleged victim contacted an attorney with a backbone, and this attorney, representing her (his client), monitored the whole criminal-justice process involving his client's cooperation with law enforcement from beginning to end?
Question: Would the district attorney's decision have been different?
Government and its agents (police and district attorneys) have no legal duty to protect; they cannot be held liable for failing to protect. The Problem? They have no legal duty to disclose this. Even worse, there is no evidence that the general population knows of it. See Warren vs. District of Columbia; DeShaney vs. Winnebago County Department of Social Services; Stone vs. N.C. Department of Labor; Castle Rock vs. Gonzales, just to name a few.
Thursday, April 22, 2010
PDD.94: The Public Option
Consider the first two paragraphs in this article: http://www.usnews.com/opinion/articles/2009/10/06/americans-had-better-prepare-for-the-consequences-of-a-public-option.html
The Public Duty Doctrine.93: Ohio
Man drives drunk. Man arrested. Car impounded. Man released same day. Car returned to man. Man kills. Decedent's family sues. Family prevails. However, Defendants raised immunity defense (Public Duty Doctrine). And that's the issue.
http://www.supremecourt.ohio.gov/PIO/summaries/2010/0128/090014.asp
http://www.supremecourt.ohio.gov/PIO/summaries/2010/0128/090014.asp
Wednesday, April 21, 2010
The Public Duty Doctrine.92: Washington State
A recent case of an elderly man calling 9-1-1 for help to find his wife: http://www.thedailyworld.com/articles/2010/04/13/local_news/doc4bc4b0f55b438989139074.txt
Wednesday, April 7, 2010
The Public Duty Doctrine.91: Worker Safety
In America, all too often when you go to work, you might lose your job, your morals, your integrity, and your life. It's a sad state of affairs.
Mine Safety and Health Administration (MSHA) is the oversight, regulatory agency over mine safety. Like OSHA (Occupational Safety and Hazard Administration), they only appear when someone is killed or three go to the hospital.
Consider the following recent article concerning the West Virginia cave-in: http://abcnews.go.com/Blotter/coal-mining-industry-ducks-punishment-safety-sins-clogging/story?id=10302187
Mine Safety and Health Administration (MSHA) is the oversight, regulatory agency over mine safety. Like OSHA (Occupational Safety and Hazard Administration), they only appear when someone is killed or three go to the hospital.
Consider the following recent article concerning the West Virginia cave-in: http://abcnews.go.com/Blotter/coal-mining-industry-ducks-punishment-safety-sins-clogging/story?id=10302187
Friday, April 2, 2010
The Public Duty Doctrine.90: Whistleblowing
C-Span, 4-1-2010, topic: "The Media & Whistleblowers," held by The National Whistleblowers Legal Defense and Education Fund in Washington, D.C.
http://www.c-span.org/Watch/Media/2010/04/01/HP/A/31370/National+Whistleblower+Center+Panel+on+Whistleblowers+and+the+Media.aspx
http://www.c-span.org/Watch/Media/2010/04/01/HP/A/31370/National+Whistleblower+Center+Panel+on+Whistleblowers+and+the+Media.aspx
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