PDD.118: Gag Clauses

Most victims never get their day in court. Most lawsuits end in settlement.

If you're fortunate to find an attorney willing to fight for you, beware of the settlement; more than likely, it will include a gag clause.

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

http://www.ipacweb.org/acn/dec96/legal.html

Justice is not the rule, it is the exception.

Government and its agents (particularly police and district attorneys) have no legal duty to disclose that they have no legal duty to protect; they cannot be held legally liable for failing to disclose that they have no legal duty to protect.

In fact, if you should find yourself involved in suing an abuser, whether it's an employer or government agent, be aware that the government can be used to restrict your speech in re-telling the world what happened to you at the hands of these individuals and how much they paid in settlement.

It boils down to re-victimization.

PDD.117: Ground Zero

Here is the crux of the problem with The Public Duty Doctrine: Law enforcement and District Attorneys have no legal duty to disclose that they have no legal duty to protect; they cannot be held liable for failing to disclose that they have no legal duty to protect because there was no legal duty to disclose that they had no legal duty to protect in the first place.

Is your head spinning?

Miranda rights were ground zero for criminal suspects. It's now time for crime victims to be told the truth. Preferrably beforehand. Like in schools, before they hit the street.

PDD.116: Minnesota

Consider this case:

http://www.lawlibrary.state.mn.us/archive/ctappub/0207/c4012123.htm

PDD.115: So. Dakota

Consider: http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/sdlr43&div=28&id=&page=

PDD.114: Georgia

Consider this:

The State of Georgia

was, and apparently

still is, overwhelmed

with liability lawsuits

involving failure to

protect on the part of

state/local governments.

Question: When Plaintiffs

attempt to retain counsel

to file a lawsuit, don't the

lawyers make an attempt to explain the Public Duty

Doctrine to their clients? Answer: I think the lawyers

are afraid to disclose it.

http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/mercer51&div=11&id=&page=

PDD.113: Rape Victims

Rape victims (albeit not criminal) are still considered suspect.

Given the fact that the police and district attorneys do not represent the rape victim, but represents the State, rape victims might want to remain silent until they have gotten an attorney, at least for no other reason than to guarantee the rape kit is processed. Sad, but true.

So...... consider the case of Berghuis vs. Thompkins, No. 08-1470, in which the United States Supreme Court decided yesterday, regarding the right to remain silent. http://www.nytimes.com/2010/06/02/us/02scotus.html

I know that rape victims will not be represented by private counsel in my lifetime. However, it is not a matter of if they will be represented but when. It's just a matter of time. The State and the American Bar Association better get ready, because it's coming.

PDD.112: Rape Kits

What we need: Mothers Against Drunk Government. Must we monitor every step local, state, and federal governments make?

Consider this: http://www.cbsnews.com/stories/2010/05/20/eveningnews/main6504018.shtml

and

http://www.youtube.com/watch?v=V9Ir-DZoC_M