rule of law

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mansur

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How does absolute immunity from civil and criminal processes undermines the thrust of the rule of law
 
How does absolute immunity from civil and criminal processes undermines the thrust of the rule of law


Homework?

We don't do no stinking homework. LOL


I'll bet IF you Google a CERTAIN phrase you used, it'll show you the path to enlightenment.
 
No Absolute Immunity!

MANSUR:

I would say that not only immunity DOES NOT undermine the application of the laws of the land, if anything, it serves to enhance the application of law for the greater good and more desired outcome in criminal prosecution cases as well as instances when self protection is in the balance, and also in situations when rendering of emergency assistance is an absolute necessity in order to preserve the life of one unable to give consent.

The first type of immunity takes place in courtrooms the country over and is what we have all see in popular T.V. shows when the prosecution gives immunity to a defendant in exchange for a testimony that would snare a bigger and infinitely more dangerous and culpable wrongdoer.

The second type of immunity is one that is afforded to all of us in this country when it comes to self defense which obviously takes place in situations when the defense of your person from an aggressor results in the death of the aggressor. In which case you will be immune from a murder charge as long as the force used to defend one's life from the aggressor is proportionate, meaning that you cannot shoot a person if you happen to be in a fist fight with him. By the same token, use of deadly force, or indeed any kind of harmful force is not tolerated when it comes to defense of property. Well, except in Texas where you can get shot for stealing a car stereo!

And the third, but certainly not the last, type of immunity is afforded to mainly emergency medical technicians who respond to life threatening situations in which they often find themselves having to render immediate medical treatment to the patient in order to save his or her life, but the patient is unable to give consent for the treatment which is what happens when you go to a hospital on your own power either on an emergency or in-patient basis. In those scenarios, you are told extensively of all the things that are going to be done to you to which you are required to give an Informed Consent.

E.M.T.s are routinely sued by ungrateful heathens whose lives have been saved by the very people they are suing, because (for example) the patient was a budding singer and his or her windpipes where damaged when an air tube HAD TO BE inserted into his lungs via the mouth to help them breath or else he would have died. The same principle of immunity applies to and shields a private individual from prosecution who renders emergency help to one in absolute need of it, which immunity is afforded on the strength of the doctrine that says "Danger Invites Rescue."

Now, as for Absolute Immunity, well, I am not aware of any one who enjoys that protection apart from the President of the United States, and even that immunity is never, ever absolute.

fredrikklaw
 
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