The Intersection of Criminal and Civil Law

Tort Law and The Economics of Sovereign Immunity[1]

I hate and detest falsehood but I love your law.”[2] We need a return to the biblical law standard and the older common law approach to tort law. This is because the economic impact of fraudulent local prosecutors would be held in check. Where “there is a set standard of conduct, and the Court looks at the facts of the case, determines whether the facts of the case meet or fall short of the standard, and based upon that determination decides liability.”[3]

Tort law is implicated through the doctrine of sovereign immunity. When our nations prosecutors engage in frauds on the court, the should incure Tortious liability. It is a tort against the falsely accused, the innocent. The economic damages are insurmountable, but those in power deny that.

The current law and economic approach is instead focused upon setting a rule that will minimize incidents in the future.[4] At first glance this seems like a great idea, but upon implimentation, the authorities are prosecuting innocent people. Not just innocent, blantatly innocent, obviously independantly proven innocent. What it has resulted in is total unaccountability for state actors. Really, what we should be asking is what is the truth and pursuing that. That is not what is happening in our government today, it is a “might makes right” agenda and bulldoze people that we are just exercising a “we don’t like” analysis. The is the current state of federal, state and local justice departments. Personally, I think God is going to serve them with what they got coming soon enough. God only allows injustice to go forward for a limited time, and then the rubber band snaps back.

There Must Be Limits To Absolute Prosecutorial Immunity

“The current system of absolute prosecutorial immunity fails when prosecutors fail to “seek Justice before victory.”[5] For this reason the Court must reexamine the doctrine of absolute prosecutorial immunity.”[6] Arbitrary government decisions by those charged with fair enforcement of the law is a violation of the law. “To permit criminal prosecutions to be initiated on the basis of arbitrary or irrational factors would be to transform the prosecutorial function from, one protecting the public interest through impartial enforcement of the rule of law to one permitting the exercise of prosecutorial power based on personal or political bias."[7] Governments routinely charge based on arbitrary government decision making. In recent years this is certainly true. This is a foundational affront to the rule of law.

Throughout this brief, I find it is extremely difficult to refer to Virginia prosecutors as “Commonwealth Attorneys” because that is not what they are. The basis of the proceedings against a number of accused citizens were not for the good Commonwealth of Virginia, but were based on personal bias and not a fair enforcement of the law. As we sit here in the United States, where Law enforcement and political agenda meet, there is dark underbelly of corruption.

The economic impact of false persecutions are so huge they cannot be over stated. The torts of defamation, malicious prosecution, intentional infliction of emotional distress and false arrest. This conduct can have lifelong economic impact. The system has to change, the state actors must be held accountable for their own actions.

Arbitrary Government Decision Making

A prosecutor acting contrary to seeking justice and instead pursues arbitrary government decision making sees prosecutorial discretion that is “ill-served by granting [absolute immunity] it in cases when [a prosecutor] acts without colorable authority.”[8].  As it sits today, when applied to the conduct of Commonwealth Attorney’s offices, the doctrine of absolute prosecutorial immunity, does not serve the interests of justice. To the contrary, it only serves as permission for prosecutors to conduct themselves however they want. Acting without any regard to the law and foundationally contrary to the pursuit of justice, all while facing zero accountability for their actions.

There must be a civil remedy

Holding prosecutors civilly liable for their dishonorable, unethical and outright fraudulent conduct on this nations courts and citizens must not be permitted. When absolute prosecutorial immunity was established, fraud on the court was not in the minds of those creating the doctrine. Because it was unimaginable that those entrusted with fair enforcement of the law, and serving the community would conduct themselves in a manner in which this nations prosecutors do. Absolute Prosecutorial immunity never considered that prosecutors would exercise their extraordinary power without doing so judiciously, in the pursuit of justice.

Absolute prosecutorial immunity has evolved into a zero accountability systematic “get out of jail free card” to conduct a fraud on the U.S. Court system and deprive U.S. Citizens of their Constitutional, Biblical and International Human Rights. Absolute Immunity provides prosecutors with zero accountability for their conduct. Prosecutors have displayed numerous times throughout their proceedings that they do not conduct themselves objectively that instead they exercise a “I don’t like this person” analysis and therefore I should put them in prison based on utterly unfounded accusations. The number of people exonerated from death row because of irrefutable DNA evidence is an undeniable fact that prosecutors get it wrong.

When we speak about the economic impact of falsely imprisoning someone, we must consider the billions of dollars this is likely affecting. In the United States we live in a mass incarceration society. We imprison more people per capita then any other developed nation on this planet. Even if it’s a fraction of a percent of them that are innocent, that number would be in the thousands. This is also know as billions in economic impact.

Systemic Abuse and Change

Currently, there is a premium on winning as opposed to pursuing a just result. Prosecutors are evaluated, not based on their measure and good judgment in the pursuit of justice, but on “winning” (convictions). This is an affront to the foundation of jurisprudence and the Oath every attorney takes before being admitted to the bar. Prosecutors are permitted to not point to evidence in frauds on the court, they seek to foundationally undermine the law. This has often led to absurd circus's in the court system.

One in six reversed capital cases was the result of “prosecutorial suppression of evidence that the defendant is innocent.”[9] Read that last sentence again and then pray to God about what you “thought” you knew before you read this. Prosecutors seek to have exculpatory evidence of their own experts excluded from trial. Prosecutors lie right to Judge’s faces about evidence they have been shown in previous hearings, and ignore digital prima facie evidence that entire proceedings are a sham.

Endless U.S. Constitutional and Human Rights Violations.

A prosecutor’s job creates multiple moments of power and authority over a life-changing process, and with zero accountability and no incentive to pursue justice, the system has become rot with abuse of power. Prosecutors may even seek to delay a trial for the unjust purpose of their own personal bias or prejudice.[10] Prosecutors seek to delay trials for no other purpose then to submit pain and suffering of a continued persecution on their victims.

Where defendants seek to get the quickest trial date available, prosecutors force delay after delay after delay. Not for the purpose of just proceedings but for the sole purpose of infliction of emotional distress on the defendants and their families. The fact that they have no accountability whatsoever for Their actions and our elected officials dissociative indifference to the conduct of their subordinates will only see a deprecation to the good community. This is a human rights violation.[11]

Using Perjured Testimony

Prosecutors use absolute immunity to “knowingly use perjured testimony.”[12] Prosecutors blatantly ignore their own investigator testifying that false accusers commit perjury. Prosecutors will also make impermissible remarks or attempts to introduce improper evidence at trial.[13] Prosecutors purposefully and in an effort to undermine direct Court Orders by Judge’s not to refer to a previous hearings because of the improper prejudicial nature do so while cross-examining defendants in front of the Jury. This is a crime in and of itself.

Government Transparency

One thing is certain is that our government even the local government should be dismantled and carefully put back together. As it sits, a defendant can request that the whole trial be videotaped so that the public can know what an absolute fraud on the Court even Bethany Harrison of the Lynchburg City Prosecutors office will allow. But the judges can still deny that request. Fact is people in power want you to take the sodomy they dish out and if they are wrong they want no accountability for that. One of the few protections we have in this country is public hearings.

In Lynchburg City and all courts, you should be allowed to video tape a proceeding. Otherwise people that are false accusers will get away with their lies. Prosecutors can act insane with no accountability and when its time for a falsely accused to get their life back. Potential employment will no longer be available because whole thing was absolutely nonsense but there is no way to show it on video. In today's modern era, Court hearings must be recorded on video.

The economic impact of this knows no bounds. If the public does not know the particularities of everything surrounding what our local Lynchburg City Prosecutors office will do, they will destroy the well-built Law Firm of the falsely accused. Where before the authorities conducted their unwarranted sodomy a falsely accused had a productive law firm with economical viability, now its destroyed and no one cares.

Zero Accountability for Prosecutorial Misconduct

Alternative checks on a prosecutor’s power is almost never effective and certainly not a conduct changing deterrent. As it sits, internal office discipline is the only real redress a defendant can hope for. This is almost never effective as a deterrent to what really amounts to criminal conduct of a prosecutor themselves. If any other lawyer acted in a way that our country’s prosecutors do, and not been a prosecutor, they would have been brought before the Bar and at a minimum civilly sued.

Electoral Process

The only real check on prosecutors misconduct is the prospect of losing an election, however this provides little to no deterrent to a prosecutor determined to violate a defendants’ U.S. Constitutional, Biblical and International Human rights. Most of the time voters do not even know who the Constitutional violating prosecutors are as their conduct is often suppressed or not made abundantly aware to the public until years later. And, this is certainly so in a small professional community of personal relationships between attorneys in a smaller locality. This environment makes it less likely that misconduct and fraud on the Court will be reported by neutral parties.

“Forty-five of the fifty states elect their chief local prosecutors. But in these elections, most prosecutors run unopposed. When the incumbent prosecutor runs for reelection, he or she is often the only candidate in the election. According to one study, eighty-five percent of incumbent prosecutors run unopposed in general elections. And, when they are opposed, prosecutors win their elections in nearly seventy percent of those races.”[14] The errors of a prosecutor acting without good faith can have disastrous and extreme affects on a defendants future, family’s and communities with generally no accountability.

“Prosecutors can engage in unequivocal misconduct—misconduct that is labeled as such by a federal court judge—and face no professional or criminal comeuppance.”[15] “The prosecutrix further abused her power by using the very situation she had created against the defendant in closing argument.”[16] Prosecutors abuse their power and oath to seek justice. Elected prosecutor Bethany Harrison exercises arbitrary government decision making that is a selective enforcement of the law. Bethany Harrison’s Office subverts basic U.S. Constitutional, foundations of jurisprudence, Biblical and International Human Rights law.

Prosecutors undermine the system, violate obvious rules without sanction and abuse power with no repercussions. Prosecutorial immunity must be limited. “Absolute Immunity leaves the genuinely wronged defendant without civil redress even against an indisputably and identified malicious or dishonest action that deprives him of liberty, dignity and protection of law.”[17]

Absolute Prosecutorial Immunity as a policy is misguided.

“[T]he common law recognized a fundamental ‘distinction between unauthorized acts and discretionary acts,’” with resulting “‘strict liability for acting outside of the authority enumerated by the Constitution.’[18] The Court must reevaluate prosecutorial immunity. We must return to the Common Law that held prosecutors liable for actions that exceeded the authority of their office.

Christian Worldview

What we must consider when evaluating Absolute Prosecutorial Immunity is that there are few individuals in our society that have no accountability for their conduct. That has created a license to do whatever you want and disregard the rights of others. All while basing your conduct on personal bias. This has maculated into a “might makes right” system, while trampling the rights of the falsely accused. That is not the purpose of the Immunity Doctrine, but that is what it has evolved into.

Lynchburg, Virginia

Ultimately, Bethany Harrison’s office, is a human rights violating office. What we need is someone similar to Jim Durkin. “Ill never be accused of being soft on crime, but I’m more interested in seeking the truth than a conviction.”—Jim Durkin (Illinois House Minority Leader) [19] The truth should be sought before the government is allowed to just sodomize an accused finances, future, employment, and most importantly the sanity of their family. As it sits, if the accused is not of the radical alt-left mind virus that has infested the Downtown Lynchburg Virginia authorities, it must be justified.

Citations

[1]Anilao v. Spota, No. 22-539 (2022)(the following essay has been written with various points of law that the amicus brief from of law enforcement action partnership)

[2]Psalms 119:163 (King James)

[3]Chrisman, Law & Economics, 75 (2016)

[4]Id.

[5]Miller v. United States, 14 A.3d 1094, 1107 (D.C. 2011)

[6]Anilao v. Spota, No. 22-539 (2022)(Amicus Brief)

[7]United States v. Torquato, 602 F.2d 564, 568 (3d Cir. 1979)

[8]Snell v. Tunnell, 920 F.2d 673, 696 (10th Cir. 1990)

[9]David Keenan, Deborah Jane Cooper, David Lebowitz, & Tamar Lerer, The Myth of Prosecutorial Accountability After Connick v. Thompson: Why Existing Professional Responsibility Measures Cannot Protect Against Prosecutorial Misconduct, 121 YALE L. J. 203, 209–11 (2011)

[10]Brady v. Maryland, 373 U.S. 83 (1963)

[11]Universal Declaration of Human Rights, December 10, 1948 ,United Nations General Assembly Resolution 217 A.

[12]Mooney v. Holohan, 294 U.S. 103, 112 (1935); Alcorta v. Texas, 355 U.S. 28, 31–32 (1957); Napue v. Illinois, 360 U.S. 264 (1959)

[13]Griffin v. California, 380 U.S. 609 (1965)

[14]National Study of Prosecutor Elections, The Prosecutors and Politics Project, U. N.C. (February 2020), at 4, available at: https://law.unc.edu/wp-content/uploads/2020/01/National-Study Prosecutor-Elections-2020.pdf; Ronald Wright, How Prosecutorial Elections Fail Us, 6 OHIO STATE JOURNAL OF CRIMINAL LAW 581, 593–94 (2009); Anilao v. Spota, No. 22-539 (2022)(Amicus Brief)

[15]Id.

[16]United States v. Golding, 168 F.3d 700, 703 (4th Cir. 1999)

[17]Imbler v. Pachtman, 424 U.S. 409 (1976); Anilao v. Spota, No. 22-539 (2022)(Amicus Brief)

[18]William Baude, Is Quasi-Judicial Immunity Qualified Immunity?, 74 STAN. L. REV. ONLINE 115, 123 (2022).

[19]Justin Brooks, “You May Go to Prison, Even Though You’re Innocent,” 83 (2023)

Criminal Justice Attorney

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accident Lawyer. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube InstagramFacebookTwitterLinkedIn, Tumblr, BloggerReddit, YelpAvvo and Justia.

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