Above the law?

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Should any gov. officials or employees have immunity from prosecution?

  • Yes

    Votes: 9 9.0%
  • No

    Votes: 91 91.0%

  • Total voters
    100

Dave70968

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For all the people here who think that legislators are NOT above the law:

Under the Oklahoma Constitution, members of both houses enjoy the privilege of being free from arrest in all cases, except for treason, felony, and breach of the peace. This immunity applies to members "during their Attendance at the Session of their respective Houses, and in going to and returning from the same." The term "arrest" has been interpreted broadly, and includes any detention or delay in the course of law enforcement, including court summons and subpoenas.

This clause appears in the United States Constitution as well, and it's a very good thing. It doesn't put the members above the law, merely stays action against them until a recess or adjournment, and it's limited to misdemeanors; felonies can still garner an arrest. The idea is to prevent anybody from interfering with a vote by detaining a member; without it, Officer Dirty would be able to arrest the members of the legislature who planned to vote against the police funding bill, swinging the vote.
 

Koshinn

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Yeah. He did.

3 people have voted Yes some should be exempt from the law.

It would be very interesting to hear from them why they think that should be and who should be exempt.

Come on guys! If you voted yes man up and tell us why and who.

I think they voted "yes" just to piss you off. :thumb:
 

J.P.

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Only when I am passing. Even though I don't think they should be speeding, I will pull over to the middle or outside lane when I see them.
HA! I knew it!
:)

Look, just because you don't think they should be speeding does not at all mean that it is unnecessary.
Furthermore it is not always practical to run 'code' or 'lights', and in many circumstances it can actually *create* more problems than it solves.
 

Billybob

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Many might be surprised who gets immunity for what, here's an interesting example I'm betting nobody has considered or few remember, Texas A&M, the "Bonfire Tragedy".

http://www.justicelives.com/A&M.htm

Also if we could let's narrow the context of the issue a little, the article was about selling an important public office, (which happened recently in another state). Comparing to that speeding/cutting corners trivializes the issue.
 

Billybob

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This clause appears in the United States Constitution as well, and it's a very good thing. It doesn't put the members above the law, merely stays action against them until a recess or adjournment, and it's limited to misdemeanors; felonies can still garner an arrest. The idea is to prevent anybody from interfering with a vote by detaining a member; without it, Officer Dirty would be able to arrest the members of the legislature who planned to vote against the police funding bill, swinging the vote.

Exactly, nowhere does it say anything about "immunity from prosecution". This politician wasn't arrested while going to or from or during the legislative session if she was "arrested", (as others would be) at all. The argument is that she can't be tried and the charges should be dismissed because she was in office at the time the alleged crime occurred.
 

Crosstimbers Okie

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This clause appears in the United States Constitution as well, and it's a very good thing. It doesn't put the members above the law, merely stays action against them until a recess or adjournment, and it's limited to misdemeanors; felonies can still garner an arrest. The idea is to prevent anybody from interfering with a vote by detaining a member; without it, Officer Dirty would be able to arrest the members of the legislature who planned to vote against the police funding bill, swinging the vote.


Exactly. Once the legislative session is over the arrest can be made. This is sound law, based on a sordid history of corrupt law enforcers arresting legislators in order to usurp the vote on certain laws. Without this protection such tyranny will return.
 

Werewolf

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Exactly. Once the legislative session is over the arrest can be made. This is sound law, based on a sordid history of corrupt law enforcers arresting legislators in order to usurp the vote on certain laws. Without this protection such tyranny will return.

To the point:

The exemption for the prohibition against arrest of legislators does not make them above the law. It just delays the time until they become subject to it.
 

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