Saturday, April 07, 2012

Resolution Of Abuse Cases--Modest Proposal

There is a reasonable solution to cases of allegations of sexual and other criminal abuse as to both public government (eg Schools and police departments) or private agencies (eg All religious organizations) which solution must be on a "shall" basis under our laws. These steps are as listed below.
1. Any such complaint must be by a sworn statement containing a statement of the penalty for "False Swearing" [The public/private agency's "good faith" can be measured on the assistance given in preparing that complaint.]
2. Copies of any such sworn statements to be delivered, by hand or registered mail, to the local police agency and District Attorney, with a copy kept for internal investigation and other legal action.
3. As soon as is possible the complainant must repeat, on oath/affirmation, the complaint before a magistrate, after being advised of the penalty for Perjury.
4, The District Attorney must either issue charges OR refer the complaint to the county's Chief Judge for a "John Doe Hearing".
5. In all cases where the evidence does not support a prosecution or the accused is not found guilty by a Court, the District Attorney shall/must issue charges of False Swearing and Perjury----Without any "plea bargaining" or "deferred prosecution" allowed under law.
6. Any falsely accused person or organization should be allowed triple damages against any false accuser or any organization supporting such offenses against the law and justice.
7. As to schools, the penalties for not reporting such abuse must include the revocation of the teaching/principal/like licenses of staff who fail to properly report abuse.

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