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Should San Francisco and its officials be held civilly and criminally liable for the death of Kathryn Steinle.?
The officials of San Francisco intentionally violated federal law by not holding and restraining the illegal alien who murdered Kathryn Steinle. Their actions were directly responsible for her murder and her murder would not have occurred had they obeyed the law. Are they now not civilly and criminally liable and open to being sued for reckless disregard and criminal negligence?
6 Answers
- GEORGE BLv 76 years ago
Here is why San Francisco is complicit.
536 DUKE LAW JOURNAL [Vol. 41:507
3. Criminal Protection. In addition to civil protection, the individual had a right to protection under the criminal law. As Kent expressed it, "the personal security of every citizen is protected from lawless violence by the arm of government and the terrors of the penal code."
According to classical legal theory, criminal law has its foundation in the law of nature. That law forbids violations of the natural rights of others, such as murder or theft. In a state of nature, everyone has the power to punish offenses against the law of nature. When they enter into the social contract, individuals give up this power of criminal punishment to the society, to be exercised for the protection of its members.
As we have seen, the state's responsibility for providing this protection was shared among the three branches of government. The legislature had an obligation to enact criminal laws for the protection of life, liberty, and property, while the executive and the courts had a duty to enforce those laws to protect the community and its members against violence. This enforcement function was known in traditional English law as the conservation of the peace. It included the prevention of violence as well as the arrest, prosecution, and punishment of offenders.
In this case this is applicable because the City of San Francisco was a participant.... not a bystander.
- John HinkleLv 76 years ago
Yes it is a direct violation of the Supremacy Clause of the US Constitution to make law contrary to Federal law. So the rulers of SF are responsible by not enforcing (and or violating federal law on immigration)for not having imprisoned the murderer after the first time he was caught and more so the next 4 times he was caught in the US illegally.
- Little PrincessLv 76 years ago
The government has no legal obligation to protect its citizenry. If you believe it does, then you are just being naive. The best we can do is elect officials who'll do the best they can to protect us. Unfortunately for the safety conscious people of San Fransisco, their fellow citizens have elected a group of people who do not consider personal safety as their number one priority. If you look at it from the larger picture, they are merely reaping what they have sowed.
- njyogibearLv 76 years ago
a city can't be found criminally liable. and courts rarely hold cities civilly liable. also, there are other channels besides Fox News.
- Anonymous6 years ago
Yes. they are directly responsible. So is Obama.If someone is harmed while you are committing a crime you are held liable. should be the same for them. but liberal scum see themselves as above the law
- Anonymous6 years ago
no