Thursday, February 3, 2011

A Case for the Criminalization of Civil Rights Violations by State Actors

I think that it is imperative that there be some recourse for citizens to seeks redress for the wrongs do to them by state actors. Since the courts have created a unfounded legal theory of Sovereign Immunity ( I believe that Sovereign Immunity is a abrogation of the first amendment right to petition for redress.) the state as a whole can not be held accountable for the misdeeds of its actors the actors themselves must be held accountable. This has not been normal feature of US common law. Typically state actors are shield from any consequences for their violation of civil rights by virtue for their acting for the State. Only in the last century has the exclusionary rule begun to prevent the government from simultaneously protecting the violators of civil right while benefiting from the their misdeeds. The theory being that the actor's misdeeds are his alone when looking whether the evidence should be admitted and that excluding it inappropriately hurts the state. This is a positive step but does not encompass many violation which either result from the violation of state and local laws or have nothing to do with the collection of evidence. Nor does it apply any real criminal penalties against those who commit civil rights offenses.

I think that all violations of civil rights by state actors should be criminalized. Unintentional or accidental violations should be misdemeanors assuming the violator acted without reckless indifference to the civil rights he violated. Intentional violations or those committed with reckless indifference should be felonies. Systematic violations and conspiracy to violate the civil rights should be considered treason for state actors.

I also think that all evidence collected in violation of any applicable law should be inadmissible at every judicial level.