Comments on: Jail time for those who violate the Constitution http://stevereads.com/weblog/2006/04/09/jail-time-for-those-who-violate-the-constitution/ Books and policy from an endlessly curious perspective Sun, 06 Nov 2011 16:13:57 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: edward http://stevereads.com/weblog/2006/04/09/jail-time-for-those-who-violate-the-constitution/comment-page-1/#comment-1592 edward Wed, 12 Apr 2006 17:18:23 +0000 http://stevereads.com/weblog/civil_liberties_and_human_rights/fisa_violations/jail.html#comment-1592 <p>it's the relatively "petty" crimes that will bring this administration down, a la "second-rate burglary," and not broad and subjective constituional issues. that's why i think palast is on the money.</p> it’s the relatively “petty” crimes that will bring this administration down, a la “second-rate burglary,” and not broad and subjective constituional issues. that’s why i think palast is on the money.

]]> By: geo kal http://stevereads.com/weblog/2006/04/09/jail-time-for-those-who-violate-the-constitution/comment-page-1/#comment-1593 geo kal Wed, 12 Apr 2006 17:18:23 +0000 http://stevereads.com/weblog/civil_liberties_and_human_rights/fisa_violations/jail.html#comment-1593 <p>you think its fair for the us gov to wire tap and a privat ecitizen cant to prove his innocense?</p> you think its fair for the us gov to wire tap and a privat ecitizen cant to prove his innocense?

]]> By: edward http://stevereads.com/weblog/2006/04/09/jail-time-for-those-who-violate-the-constitution/comment-page-1/#comment-1591 edward Tue, 11 Apr 2006 17:39:45 +0000 http://stevereads.com/weblog/civil_liberties_and_human_rights/fisa_violations/jail.html#comment-1591 <p>greg palast suggests that the RICO laws are the best approach to getting convictions and removing bush from office:</p> <p><a href="http://www.buzzflash.com/contributors/06/04/con06129.html">http://www.buzzflash.com/contributors/06/04/con06129.html</a></p> greg palast suggests that the RICO laws are the best approach to getting convictions and removing bush from office:

http://www.buzzflash.com/contributors/06/04/con06129.html

]]> By: Adam Rosi-Kessel http://stevereads.com/weblog/2006/04/09/jail-time-for-those-who-violate-the-constitution/comment-page-1/#comment-1590 Adam Rosi-Kessel Sun, 09 Apr 2006 15:13:30 +0000 http://stevereads.com/weblog/civil_liberties_and_human_rights/fisa_violations/jail.html#comment-1590 <p>Sure, there are civil and criminal causes of action that can be brought against officials who violate the Constitution. <a href="http://www4.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00001983----000-.html">42 U.S.C. § 1983</a> is, in fact, entitled "Civil action for deprivation of rights." <a href="http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000242----000-.html">18 U.S.C. § 242</a> is the analogous federal criminal statute.</p> <p><p>There are many obstacles to pursuing these sorts of claims--absolute immunity, qualified immunity, sovereign immunity, abstention, etc.. You'd have to take a <a href="http://bostoncoop.net/law?ClassNotesFederalCourtsSubrin">whole course</a> just to start to understand the procedural issues involved.</p> <p>In short, the way the Fourth Amendment has been construed to apply is primarily through the <a href="http://caselaw.lp.findlaw.com/data/constitution/amendment04/06.html">exclusionary rule</a> and the related <a href="http://en.wikipedia.org/wiki/Fruit_of_the_poisonous_tree">fruit-of-the-poisoned (or poisonous) tree</a> doctrine. There has been much <a href="http://wadsworth.com/criminaljustice_d/special_features/ext/debates/ex_rules.html">debate</a> about other methods of enforcement, but that's the state of the law today.</p></p> Sure, there are civil and criminal causes of action that can be brought against officials who violate the Constitution. 42 U.S.C. § 1983 is, in fact, entitled “Civil action for deprivation of rights.” 18 U.S.C. § 242 is the analogous federal criminal statute.

There are many obstacles to pursuing these sorts of claims–absolute immunity, qualified immunity, sovereign immunity, abstention, etc.. You’d have to take a whole course just to start to understand the procedural issues involved.

In short, the way the Fourth Amendment has been construed to apply is primarily through the exclusionary rule and the related fruit-of-the-poisoned (or poisonous) tree doctrine. There has been much debate about other methods of enforcement, but that’s the state of the law today.

]]> By: Dan http://stevereads.com/weblog/2006/04/09/jail-time-for-those-who-violate-the-constitution/comment-page-1/#comment-1589 Dan Sun, 09 Apr 2006 13:04:23 +0000 http://stevereads.com/weblog/civil_liberties_and_human_rights/fisa_violations/jail.html#comment-1589 <p>Not a bad idea...too bad the fascist pigs in the Bush regime would probably shoot anyone trying to do this.</p> Not a bad idea…too bad the fascist pigs in the Bush regime would probably shoot anyone trying to do this.

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