Restructure: IV.7 Judicial

Recommended by a vote of 8 to 2 with 1 abstention

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Summary

The existing Judicial plank is the longest in our platform, by a significant margin. Over the years it has been expanded to cover too many different topics. Not only is it long, but because the paragraphs and the items in the very long lettered list are not grouped in a logical way, it is very hard for readers to follow or to find our position on a topic in which they may have a specific interest. This proposal would restructure our treatment of these topics by splitting it into five more readable and more manageable planks each with a separate focus. Some of the language has also been rewritten for clarity or brevity, but the intent of this proposal is to leave the overall meaning unchanged, without adding new positions, and without affecting any other plank. A few specific points were left out because they seemed overly specific in discussing particular categories of crime (hate crimes, rape) or referenced an agency (CYA) in a way that is no longer applicable. Note: We are also proposing moving one point that is now located in this plank into another existing plank, and two changes that we think are more likely to be controversial, but those changes are not included here – they are being presented as separate proposals.

Changes

Replace the existing "Judicial" plank with planks titled "Judicial System", "Juries", "Due Process", "Crime and Punishment", and "Juvenile Justice", in that order, covering basically the same ideas.

Text Showing Revisions

7. Judicial

The only crimes are crimes of violence or threat of violence, property loss, and fraud.

We believe that the so-called legislative police power, which was incorporated into the American justice system upon its formation, should be completely eliminated from American jurisprudence. The state should not have the power to define public necessity, public policy, the public interest or to make legislation related thereto.

The judicial process should be an earnest attempt – by due process of law – to extract reasonable restitution from a person convicted of a crime and to convey that restitution to the victim, to imprison or exclude criminals from society when necessary, to hold persons liable for damage they do, and to fairly settle contract disputes.

The failure of the government judicial system to apply these principles has led to the inability of its courts to administer justice and to the near collapse of public confidence in the American judicial system.

We support the concept that law should impose penalties proportional to the gravity of the violation of others' rights, and prison sentences should be served in their entirety, unless the victim pardons the perpetrator. Unfortunately, the existing Three-Strikes-and-You're-Out law fails to focus on the truly violent career criminals who are the greatest threat to their victims. Enhanced prison sentences and life imprisonment for multiple criminal acts should be reserved for perpetrators of violent crimes. Prison space for these enhanced sentences should be made by pardoning those prisoners who were incarcerated for victimless "crimes".

All persons should be equal before the law and entitled to due process of law. Due process should determine innocence or guilt in a manner designed to protect the individual rights of all persons concerned, both the accused and the accuser. We hold that individuals may settle their differences outside the court, if both so agree.

Until such time as persons are proven guilty of crimes, their individual rights shall be accorded full respect. We therefore advocate the following judicial reforms:

A. The repeal of all civil asset forfeiture laws.

B. Full protection of the rights of the accused, including complete access to all available records, information, or evidence (held by the courts or voluntarily submitted) to be used in the prosecution of the case.

C. Full restitution of loss incurred by persons arrested, indicted, tried, imprisoned, or otherwise injured in the course of criminal proceedings against them which do not result in their conviction by the accuser, be it a law enforcement agency or private individual.

D. The termination of all "preventive detention" procedures. No individual shall be detained or otherwise denied freedom of movement without formal charges being filed immediately following arrest.

E. All jury trial findings shall be by unanimous decision, except that the parties to an action or proceeding may consent to a verdict by a majority of the panel.

F. The abolition of the current practice of forced jury duty; we favor all-volunteer juries. In addition, we advocate that all juries in actions to which the government is a party shall be instructed that they have the right to judge not only the facts of the case, but also the justice of the law. Juries may hold all laws invalid that are, according to their conscience, unjust, and find no violation of such laws. Jurors, rather than the judge, should set the sentence for a guilty offender up to the maximum allowed by law.

G. That no persons, other than government employees whose actions as an agent of the government have a direct bearing on the case at hand, be compelled to appear or testify before a grand jury, nor be denied independent legal counsel within the chambers of a grand jury proceeding. The issuance of "immunity from prosecution" by the court must not be used as an excuse to deny a person his or her constitutional rights.

H. Recognition of the right of private parties to conduct, at their own expense, prosecutions against those they allege have victimized them. Public prosecutors should not have the authority to grant immunity from private prosecution to alleged perpetrators; thus we advocate an end to the practice of plea-bargaining without the consent of the victim.

I. The repeal of all laws extending criminal or civil liability to producers or vendors whose products may be used by others in the commission of a crime or tort.

J. The repeal of all laws establishing any category of crime applicable to a particular age group, including laws setting drinking ages and curfews, and an end to the practice of incarcerating children accused of no crime.

K. The abolition of special penalties imposed for crimes committed against police officers or government employees.

L. The repeal of all "hate crime" laws. It is not the proper function of government to punish criminals for their personal views and thoughts. We further oppose the introduction into courts of a person's personal views as evidence.

M. The trying of juveniles under the same procedures as adults. However, those convicted of violent crimes should be held by the California Youth Authority until age 18, then transferred to state prison for the remainder of their sentences.

N. Child abuse cases should be considered criminal cases rather than administrative proceedings. Hence, in such cases, the accused is entitled to the presumption of innocence and protection against arbitrary governmental searches and seizures.

O. That the serious crime of forcible rape should not be confused with cases of psychological pressure or persuasion if there was no threat of violence or other violation of rights. Nor should it be confused with cases in which an alleged victim was voluntarily under the influence of alcohol or other drugs, but was not incapacitated. "Psychological pressure or persuasion" shall not include threats of violence.

P. Recognition of the right of any person convicted of a crime to seek restitution, in a separate legal action, for any violation of his or her rights.

Q. An end to the defenses of insanity or diminished capacity, and to the practice of pre-trial insanity hearings to determine capacity to stand trial.

R. Recognition of the right of defendants and their counsel to inform jurors of the jury's power to nullify any law, and of the possible sentences for each offense charged.

S. In private lawsuits, the loser should pay the costs and litigation expenses of the prevailing party, at the discretion of the court.

T. The abolition of the current practice of courts receiving a percentage of fines imposed.

Judicial System

The purpose of the judicial process should be an earnest attempt to extract reasonable restitution from a person convicted of a crime and to convey that restitution to the victim, to imprison when necessary, and to fairly settle contract disputes. The failure of the government judicial system to apply these principles has led to the inability of its courts to administer justice and to the near collapse of public confidence in the American judicial system.

We advocate the repeal of:

A. All civil asset forfeiture laws.

B. All laws extending criminal or civil liability to producers or vendors whose products may be used by others in the commission of a crime or tort.

C. All laws that allow the introduction of a person's personal views as evidence against them. An accused should not be punished for personal views and thoughts.

D. The so-called legislative police power, where the government defines public necessity, policy, or interest.

E. The defenses of insanity or diminished capacity, and the practice of pre-trial insanity hearings regarding capacity to stand trial.

F. The practice of plea-bargaining without the consent of the victim.

G. The use of administrative proceedings in lieu of criminal proceedings. The accused is entitled to the presumption of innocence and protection against arbitrary governmental searches and seizures.

Juries

The American criminal justice system currently allows for bench or jury trials. Currently, if a person does not respond to a jury summons, a person could be held in "contempt of court" and be fined and/or sent to jail.

We advocate the following:

A.The abolition of the current practice of forced jury duty; we favor all-volunteer juries.

B. All juries, in actions to which the government is a party, shall be instructed that they have the right to judge not only the facts of the case, but also the justice of the law.

C. Juries may hold all laws invalid that are, according to their conscience, unjust, and find no violation of such laws.

D. Jurors, rather than the judge, should set the sentence for a guilty offender up to the maximum allowed by law.

E. All jury trial findings shall be by unanimous decision, except that the parties to an action or proceeding may consent to a verdict by a majority of the panel.

Due Process

All persons should be equal before the law and entitled to due process of law. Due process should determine innocence or guilt in a manner designed to protect the individual rights of all persons concerned, both the accused and the accuser. We hold that individuals may settle their differences outside the court, if both so agree.

We support the following:

A. Full protection of the rights of the accused, including complete access to all available records, information, or evidence (held by the courts or voluntarily submitted) to be used in the prosecution of the case. This includes providing access for those who choose to represent themselves, whether in custody or out of custody.

B. The right of any person convicted of a crime to seek restitution, in a separate legal action, for any violation of his or her rights. Full restitution should be given to the accused if loss is incurred in the course of criminal proceedings against them which does not result in a conviction.

C. No person should be denied the freedom of movement without formal charges being filed immediately following arrest.

D. The right of private parties to conduct, at their own expense, prosecutions against those they allege have victimized them.

E. The right of defendants and their counsel to inform jurors of the jury's power to nullify any law, and of the possible sentences for each offense charged.

F. No persons, other than government employees involved in the case at hand, should be compelled to appear or testify before a grand jury, nor be denied legal counsel during a grand jury proceeding.

G. In private lawsuits, the loser should pay the costs and litigation expenses of the prevailing party, at the discretion of the court.

Crime and Punishment

The only crimes we recognize are: 1) crimes of violence or threat of violence, 2) property loss, and 3) fraud. Libertarians believe that our current justice system has many punishments that far outweigh the crimes committed. We believe that punishments should be proportional to the crime committed and should be fair and humane.

We advocate the following:

A. The abolition of special penalties imposed for crimes committed against police officers or government employees.

B. The abolition of the current practice of courts receiving a percentage of fines imposed.

C. Prison sentences should be served in their entirety.

D. The Three-Strikes law should focus on truly violent offenders so that enhanced prison sentences and life imprisonment for multiple criminal acts are reserved for perpetrators of violent crimes.

Juvenile Justice

The juvenile justice system denies minors the same right of a trial by jury which is afforded to adults. Minors are only afforded a trial by jury after a court transfers the matter to adult court, where the minor is treated as an adult.

We support the trying of juveniles under the same procedures as adults. This includes juveniles being afforded the same rights and privileges as adults, including the right of a trial by jury.

We support the repeal of all laws establishing any category of crime applicable to a particular age group, including laws setting drinking ages, curfews and truancy, and an end to the practice of incarcerating children accused of no crime.