Libertarian Party Platform

 

 

SAFEGUARDS FOR THE CRIMINALLY ACCUSED

Until such time as persons are proved guilty of crimes, they should be accorded full respect for their individual rights. We are thus opposed to reduction of constitutional safeguards of the rights of the criminally accused.

We oppose labeling cases as "civil" strictly to avoid the due process protections of criminal law and we further oppose governmental civil and criminal pretrial seizure of property for criminal offenses.

We oppose police officers using excessive force on the disorderly or the criminally accused, handing out what they may consider to be instant punishments on the streets, preventive detention, and no-knock laws. Instant-punishment policies deprive the accused of important checks on government power -- juries and the judicial process. We oppose any concept that some individuals are by nature second-class citizens who only understand instant punishment and any claim that the police possess special insight into recognizing persons in need of punishment.

We support full restitution for all loss suffered by persons arrested, indicted, tried, imprisoned, or otherwise injured in the course of criminal proceedings against them that do not result in their conviction. When they are responsible, government police employees or agents should be liable for this restitution.

We call for a reform of the judicial system allowing criminal defendants and civil parties to a court action a reasonable number of peremptory challenges to proposed judges, similar to their right under the present system to challenge a proposed juror.



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