Punitive Damages

In Virginia, punitive damages are damages above special damages or in layperson’s terms over and above the damages that are clearly identifiable on your medical bills. Punitive damages are above and beyond the regular damages such as medical bills, lost wages, pain and suffering and, property damages. When we think of punitive damages, these are the damages that are allocated to an injured party when hear the circumstance of the injury and are shocked by the audacity. Penalty damage would be another way to refer to punitive damages. If you have been in an accident where someone was "road rageing" or drunk when they caused the accident you should call a punitive damages attorney.

Virginia Law

In Virginia, punitive damages are typically available in three sets of circumstances:

“The court has examined the cases in which the Supreme Court has found sufficient evidence of willful and wanton conduct in the operation of a motor vehicle to support submission of the issue of punitive damages to the jury. All of the cases in which the Supreme Court found a sufficient factual basis for a finding of willful and wanton conduct involving operation of a motor vehicle, involved one of three scenarios: (1) excessive use of alcohol plus very dangerous driving maneuvers; (2) acts supporting a finding that the injuries were intentionally caused or (3) the defendant creating an extremely hazardous condition contrary to specialized training.” Lovelace v. Moser, 98 Va. Cir. 315, 316 (Cir. Ct. 2018)

Punitive Damages for Drunk Driving Car Accident

Drunk Driving Accident

Drunk Driving Accident

Usually, punitive damages are generated when a tortfeasor has done something that is illegal in the commission of their tort. For example, in a car accident, this is often when a drunk driver causes an accident severely injuring a client. I have represented clients for drunk driving accidents. One of my clients, was sitting at a stop light when a drunk driver slammed into her going over 35 miles per hour. The impact caused my client severe injuries. My client was forced to go to medical treatment for several months just to be able to go to work again. Needless to say, the damages were substantial. Punitive damages were applicable because the party at-fault for the injuries was committing the crime of driving while intoxicated at the time of the accident. The at-fault party later pleaded guilty to § 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.

Punitive Damages for "Road Rage" Car Accident

Punitive Damages Attorney

Punitive Damages Attorney

The standard for punitive damages varies. Another one of my clients was injured in a road rage accident. The at-fault party that rearended my client was swerving at my client, flicking my client the middle finger, and generally harassing my client. Fortunately, my client got this on video otherwise we would have had a difficult time proving the road rage part of the case. Road rage is a crime and amounts to aggressive driving. The at-fault driver was guilty of Virginia Criminal offense § 46.2-868.1. Aggressive driving; penalties. The Virginia code specifically references “(ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person.”

Policy Limits for Punitive Damages

Road rage accident Lawyer

Road rage accident Lawyer

I had an additional client that initially did not report his auto accident road rage case as a road rage case to the authorities. Initially, he came to my office wanting to pursue a medical negligence case. I always provide clients or potential clients with a free consultation. While listening to my client, I realized that I could quickly help him obtain the full Uninsured Motorist Policy limits for him from his own insurance policy limits.

His circumstances where unfortunate, a road rage perpetrator was cursing at him on the road and followed him almost to his house. When he was at a stop light the road rage perpetrator rearended my client slightly. My client was forced to stop and provide the perpetrator with his information, because that is the law if you are in an auto accident. Upon exiting his vehicle and attempting to do so, my client was severely beaten up, even suffering a brain bleed. Because it was initially reported as an assault and battery and, not an auto accident injury the insurance company did a brief fact finding investigation including an examination under oath. After my clients deposition detailing the event, we were able to secure the full insurance policy limits for my client. § 18.2-57. Assault and battery; penalty

Conscious disregard for the rights of others

Virginia case law is specific on when punitive damages are available in a car accident involving an at-fault party that is far beyond the standard of mere negligence.

“In determining whether punitive damages may be considered by a jury in an automobile collision case, the trial court's inquiry is limited to ascertaining if reasonable persons could differ in their conclusion whether the defendant's negligent conduct, considered in its entirety, was so willful or wanton as to show a conscious disregard for the rights of others.” Lovelace v. Moser, 98 Va. Cir. 315, 316 (Cir. Ct. 2018).

The Standard

This standard has been repeated throughout Virginia case law. "acting consciously in disregard of another person's rights or acting with reckless indifference  to the consequences, with the defendant aware, from his knowledge of existing circumstances and conditions, that his conduct probably would cause injury to another." Griffin v. Shively, 227 Va. 317, 321, 315 S.E.2d 210, 212-13 (1984).

If you have been injured in a car accident as the result of another person’s illegal punitive conduct, you should call me for a free consultation (434) 660-9701.

Lynchburg Punitive Damages 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 Accidents. At my Law Firm we focus on the best result for the client. To stay connected I have a YoutubeInstagramFacebookTwitterLinkedIn, Tumblr,  BloggerRedditYelp, Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

Miranda Rights are the rights that every United States Citizen has when they interact with authorities. These are constutional rights through the 5th Amendment. They are called Miranda Rights because they were established by the United States Supreme Court in Miranda v. Arizona. Wherein, the Court examined four different cases where the rights of U.S. citizens were violated. In that case, the rights were judicially established as an interpretation of case law, the common law.

Vega v. Tekoh (2022)

Today, the most recent Miranda Rights case to be interpreted was Vega v. Tekoh. Wherein, a U.S. Citizens Miranda rights were violated. Subsequently, plaintiff in the matter attempted to sue civilly for the conduct of the authorities, including the prosecutor. The question presented was, Whether a plaintiff may sue a police officer under 42 U.S.C. § 1983 based on the improper admission of an “un-Mirandized” statement in a criminal prosecution. In other words, the police prosecutor used a statement made by the defendant in a trial when the defendant should have been read his Miranda Rights first. This case is acutally a prime example of how the system establishes liability to police officers while prosecutorial conduct goes blatantly ignored.

Disagreeable analysis

The Court held that to extend a right to sue civilly would extend a cumbersome burden on the court system. The correct remedy would be for the trial court to make the correct determination and not allow the statements in the trial. In hindsight, this may seem like what should happen but, I think it places too much deference in low level trial courts that may not fully understand Miranda.

The Future

Three justices dissented in this case. I have a tendency to agree with Kagan, Breyer (retired now) and Sotomayor. Fortunately, the dissent, historically has a way of later becoming the law. The dissent points out that as in the facts of Vega v. Tekoh, a trial court may not suppress the constitutionally violating statements. Then what happens if statements that were the source of coercion, or unconstitutional police or prosecutor action results in a wrongful conviction and a U.S. Citizen ends up spending time in prison. For, what is constituionally a protected right. Most will not comprehend this or will be dissociativly indifferent practicing cognitive dissonance and so forth. What remedy do the wrongfully convicted have for the extreme harm they have suffered? §1983 should cover this.

Miranda Rights 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 Accidents. At my Law Firm we focus on the best result for the client. To stay connected I have a YoutubeInstagramFacebookTwitterLinkedInTumblr,  BloggerRedditYelp,  Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

What is Discvoery? Discovery is essentially the evidence. Discovery is the process of gathering the evidence and information that can later be used at trial. Often, at the end of discovery, the case will settle. This is because at the end of discovery we know what the evidence will likely show and what a verdict will most likely look like.

Criminal Proceeding:

In criminal cases, depending on your state, the discovery process may be different. For example, in some states criminal defendants are permitted to depose the arresting officers and witnesses. In other states they are not permitted to depose the witnesses or it is typically not allowed.

Civil Proceeding:

Civil discovery is usually large amounts of information gathering. For example, in a car accident case the insurance companies defense attorney’s usually request all sorts of information in order to get an amount they are willing to offer in settlement. This can be positive or negative for the case, it just all depends on the facts.

Discovery Motions:

In criminal cases in Virginia, there are discovery motions. Some are to compel the government to provide to the defense what the government intends on using at trial. Some localities use a form of “open” discovery. However, a lawyer will likely want to get a discovery order anyway soo that the government cannot spring anything on them at the last minute. For example, the any evidence that may be used in a criminal case, a criminal defendant will likely want to use a private investigator or expert witness to review the evidence and inquire into the credibility of the evidence.

In civil cases, discovery motions are usually motions to compel discovery, motion to protect certain kinds of discovery and motions for extensions of time to respond to discovery. These are the most common kinds of discovery motions.

I have experience with both civil and criminal discovery motions. You should call me for a free consultation (434) 660-9701

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 Accidents. At my Law Firm we focus on the best result for the client. To stay connected I have a YoutubeInstagramFacebookTwitterLinkedInTumblrBlogger, RedditYelpAvvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

What is a Deposition? A deposition is typically when a lawyer asks a witness a series of questions prior to or out of court, wherein a court reporter is present and recording the entire statement. This is for the purpose of later being used at trial or in a court hearing. If you have an upcoming Deposition, you should call me for a free consultation (434) 660-9701 Depending on your state, a deposition can either be in a Criminal or Civil proceeding.

Civil:

In Civil Law, a party is usually permitted to take depositions of other parties and witnesses. The transcripts or sometimes even video recorded depositions are later be played to a jury. This Often, depositions in Civil proceedings are used for the purposes of settlement. Civil proceedings are usually primarily about money damages. Sometimes they can be about more then money damages like, injunctions.

Criminal:

Virginia does not typically have criminal proceeding depositions. Florida does though. In Florida, your criminal defense attorney is permitted to depose the police officer prior to trial. In Virginia this is not allowed. Virginia does however, have preliminary hearing wherein the arresting officer is usually called to testify, in which case this can be recorded or transcribed by a court reporter.

Deposition 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 Accidents. At my Law Firm we focus on the best result for the client. To stay connected I have a YoutubeInstagramFacebookTwitterLinkedInTumblr, BloggerReddit, Yelp, Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

What is Bail? Chapter 9 of the Code of Virginia deals with Bail and Recognizances. Accordingly, "Bail" means the pretrial release of a person from custody upon those terms and conditions specified by order of an appropriate judicial officer. Also, "Bond" means the posting by a person or his surety of a written promise to pay a specific sum, secured or unsecured, ordered by an appropriate judicial officer as a condition of bail to assure performance of the terms and conditions contained in the recognizance. Consequently, if you been arrested, you should call me I am Criminal Justice system Attorney.

Bail/Bond Hearings:

There are many factors that go into representing someone for a bail or bond hearing. Often, the court will consider:

  1. The Place of Birth.
  2. The ties to the community, including the length of time he or she has lived at the current and former addresses, current contact information, family relationships, immigration status (if applicable), employment record and history, date of birth, and social security number.
  3. The physical and mental health, educational and armed services records.
  4. The immediate medical needs, including chemical dependency treatment.
  5. The past criminal record, if any, including adult criminal convictions and juvenile adjudications and prior record of court appearances or failure to appear in court, counsel should also determine whether the accused has any pending charges, whether they are on probation or parole and past or present performance under supervision.
  6. Current immigration status and immigration history.
  7. The ability of the client to meet any financial conditions of release.
  8. The names of individuals or other sources that counsel can contact to verify the client’s provided information (counsel should consult with the client before contacting these individuals).
  9. Other such information necessary to determine potential exposure under the sentencing guidelines.
  10. Any necessary information waivers or releases that will assist the client’s defense.

Court Hearing:

The factors above must be properly argued to the court in order for the court to consider whether it will allow pretrial release from custody. These factors are not independent, often the court will consider all of them. In sum, they are interdependent, each relating to the other to form an assurance to the court that an accused will return when called and address the accusations against them. Subsequently, where a detained citizen may not have a favorable factor for one argument they may have a good argument regarding another factor.

Presumption in favor of Pretrial Release:

The presumption in Virginia is in favor of pretrial release. The Virginia Legislature repealed Va Code 19.2-120 (B) -Rebuttable Presumption Against Bail. Therefore, there is a presumption in favor of pretrial release. This is because if you find yourself in custody your employment and other life obligations will likely be destroyed. The Government must be required to prove their case before taking from citizens. This is a basic due process right that is afforded every United States Citizen.

There are horror stories of U.S. Citizens being detained by the government for years prior to trial and later being exonerated of the reason for the arrest in the first place. The truth is that any amount of detention is likely to destroy a citizen’s life. This is something that must not be allowed without real proper cause. In reality, an authority figure can easily engage in their own narssasitic maculation without actual cause to arrest a citizen. This is a crime against humanity and does happen more often than those in power would like to admit.

Criminal Justice System 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 Accidents. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube InstagramFacebookTwitterLinkedInTumblr, BloggerReddit,  YelpAvvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

An indictment is a formal list of charges against an accused. An indictment is not any evidence of guilt. From the word of former cheif judge sol wachtler, "if a district attorney wanted to, a grand jury would indict a ham sandwhich." If you have been charged with a crime, you should call me, I am a Criminal Defense Lawyer (434) 660-9701.

Criminal Defense Lawyer

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 Accidents. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube InstagramFacebookTwitter, LinkedInTumblrBlogger, Reddit, Yelp, Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

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.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

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