Preface
I know, I am coming late, only
two days left to the November 6, 2012 election. Unfortunately, I did not have
time to read the Arizona’s General Election Guide any earlier.
Official Content Of Proposition
“1. Article II, section 31,
Constitution of Arizona, is proposed to be amended as follows if approved by
the voters and on proclamation of the Governor:
31. Damages for death or personal injuries
Section 31. No law shall be
enacted in this state limiting the amount of damages to be recovered for
causing the death or injury of any person, EXCEPT THAT A CRIME VICTIM IS NOT
SUBJECT TO A CLAIM FOR DAMAGES BY A PERSON WHO IS HARMED WHILE THE PERSON IS ATTEMPTING
TO ENGAGE IN, ENGAGING IN OR FLEEING AFTER HAVING ENGAGED IN OR ATTEMPTED TO
ENGAGE IN CONDUCT THAT IS CLASSIFIED AS A FELONY OFFENSE.
2. Article XVIII, section 6, Constitution of
Arizona, is proposed to be amended as follows if approved by the voters and on
proclamation of the Governor:
6. Recovery of damages for injuries
Section 6. The right of action
to recover damages for injuries shall never be abrogated, and the amount
recovered shall not be subject to any statutory limitation, EXCEPT THAT A CRIME
VICTIM IS NOT SUBJECT TO A CLAIM FOR DAMAGES BY A PERSON WHO IS HARMED WHILE
THE PERSON IS ATTEMPTING TO ENGAGE IN, ENGAGING IN OR FLEEING AFTER HAVING
ENGAGED IN OR ATTEMPTED TO ENGAGE IN CONDUCT THAT IS CLASSIFIED AS A FELONY
OFFENSE.
3. Short title
This measure may be cited as
the "Crime Victims Protection Act of 2012".”
No Arguments Against Proposition 114
According to the above
mentioned General Election Guide “[t]here were no arguments “against”
Proposition 114” only two separate arguments for it.
This caught my eye. Do we have
to assume everything is OK with this proposition? Is it so self-evident? I
doubt it.
My Arguments Against This Proposition
Such common sense, detailed legalistic
instructions should never be written into a constitution! Period. A
constitution should be written in a concise language that almost anyone can
understand. It should be strictly limited to essential principles.
If a criminal successfully sues
an innocent victim of the crime for injuries inflicted by the victim while
committing the crime, then something is wrong with the judge or jury or the
victim’s attorney was incompetent. Instead of a constitutional amendment, a law
would be in my estimation sufficient to achieve this purpose.
Just the long winded
definition of these two constitutional amendments are big red flags indicating
there will be lots of trouble ahead to interpret these legalese.