Thursday, April 30, 2009

1 - The System Won't Protect You.
2 - You Can't Sue the Police.

No bail for ex-boyfriend charged in slaying The family of a murdered woman is mad at the cops. They ignored her cries for help. She got an order of protection but it didn't protect her. The System let her abuser go time and again until she was killed. Now family are trying to sue.

Let's begin with item 2. You can't sue the police. Castle Rock v. Gonzales was pretty clear on this, and it was a very similar case, in that there was a restraining order the family believed was not enforced.
On June 27, [2005] in the case of Castle Rock v. Gonzales, the Supreme Court found that Jessica Gonzales did not have a constitutional right to police protection even in the presence of a restraining order.

By a vote of 7-to-2, the Supreme Court ruled that Gonzales has no right to sue her local police department for failing to protect her and her children from her estranged husband.
You may not like this decision, but it just reaffirms a long-standing legal tradition that you can't sue the government for failing to provide services.

And Fox News got one other thing right, which also brings us back to item 1.
The post-mortem discussion on Gonzales has been fiery but it has missed an obvious point. If the government won't protect you, then you have to take responsibility for your own self-defense and that of your family.
Not something a lot of people are prepared to do. And in fairness, given that today's story is from the State of New York, the victim was probably kept from owning a firearm for defense by busybody bureaucrats.

So how exactly is the average woman supposed to defend herself from the average man without some tool to equalize the weight difference? "God made Man; Colt made all men [and women] equal." Or as the Colt advertisement read: "Have no fear of any man, no matter what his size. When danger threatens call on me, and I will equalize." Unfortunately that idea is lost on a lot of women, even when the system of courts and police have proven time after time that they won't protect victims of domestic violence.

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