Essay Example on Government Privilege and Immunity

A State secret is often claimed in national security's interest, wherein return prevents the disclosure in criminal cases. An evidentiary rule created by the United States legal precedent; The state secret privilege works in exclusion of evidence concerning affidavits given by the government saying that court proceedings might expose information which is sensitive and can risk national security. The court, on the other hand, ensures that it avoids in camera examination. In result, the rulings made at the court might be in the manner that verification of the veracity of the assertion by a judge has not taken place.

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Law enforcement privilege and national security privilege are at a position to be claimed in the interests of national security, which in turn prevents criminal or civil cases being exposed. The government must come out with courage and boldness, indicating that national security, is placed at risk when such information is produced or acknowledged (Bazzle, 2012). A government experienced scrutiny and criticisms in a particular war on terror, and this was so due to the existence of assertion of state secret privilege under President George Bush and Barrack Obama. In this, they were used foreclose the claims of the government on torture surveillance, rendition, no warrant and also electronic eavesdropping (Bazzle, 2012). This was in the post- 9/11 war on terror.

A government has immunity from all legal action except a case whereby it has consented (Thommen, 2012). In general, the state, federal, and also the local government had immunity from tort liability coming from activities by the government; a doctrinal position it held (Law, 2017). The U.S constitution addresses sovereign immunity, Federal government has embraced its sovereign immunity in a few areas making a shift to qualified immunity having laws like the Federal Tort Claims and also in cases like Bivens type actions (Wilson, 2017). The conduct of the defendant must not have violated a constitutional right, which is established for the government defendant to have qualified immunity.

Those injured as a result of national security matters relating to government policy have available recourses on their assistance in the same. Our communities, our families, and also ourselves need to seek safety and security as it is universal. One thing that the government does mostly is making national security. America believes that putting together thoughtful diplomacy and federal defense programs which are effective can provide the best solutions to this challenge (Pound, 2018.) Policies that make sure that these essential responsibilities are met are the ones being advocated. In all times during a period of crisis generous people and also people of good will should stay as one no matter what differences that may exist between them; belonging to different political parties.

Everyone has the right to experience equal treatment under the law. A group or an individual should be at a position where he or she experiences discrimination or feels pain or even be afforded special privileges (Ormerod, Laird, 2018) One should be at a position where she or he is feeling safe with the community being protected from oppression of any kind and also is protected from crime.

The national and homeland security should work with diplomacy to protect the nation the country becomes respected for this. Threats on national interests have been allover. People must be willing and prepared to decisively act when need be (Simester, Stark, et al., 2016). This is to engage in civil and productive relationships, facing dangers quickly and effectively.

References

Bazzle, T. (2012). Shutting the Courthouse Doors: Invoking the State Secrets Privilege to Thwart Judicial Review in the Age of Terror. Geo. Mason UCRLJ, 23, 29.

Law, C., (2017). Assessing their Contribution to International Criminal Law (TMC Asser. Journal of International Criminal Justice, 15, 1049-1055.

Ormerod, D., & Laird, K., (2018). Smith, Hogan, and Ormerod's Criminal Law. Oxford University Press.

Simester, A. P., Spencer, J. R., Stark, F., Sullivan, G. R., & Virgo, G. J. (2016). Simester and Sullivan's criminal law: theory and doctrine. Bloomsbury Publishing.

Thommen, T. K. (2012). Legal status of government merchant ships in international law. Springer.

Pound, R., (2018). Criminal justice in America. Routledge.

Wilson, W. (2017). Constitutional government in the United States. Routledge.