National Platform Plank
Government force must be limited to the protection of the rights of individuals to life, liberty, and property, and governments must never be permitted to violate these rights. Laws should be limited in their application to violations of the rights of others through force or fraud, or to deliberate actions that place others involuntarily at significant risk of harm. Therefore, we favor the repeal of all laws creating “crimes” without victims, such as gambling, the use of drugs for medicinal or recreational purposes, and consensual transactions involving sexual services. We support restitution to the victim to the fullest degree possible at the expense of the criminal or the negligent wrongdoer. The constitutional rights of the criminally accused, including due process, a speedy trial, legal counsel, trial by jury, and the legal presumption of innocence until proven guilty, must be preserved. We assert the common-law right of juries to judge not only the facts but also the justice of the law. We oppose the prosecutorial practice of “over-charging” in criminal prosecutions so as to avoid jury trials by intimidating defendants into accepting plea bargains. Additionally, we support the abolition of qualified immunity so that law enforcement and prosecutors would be held legally accountable for misconduct that leads to wrongful convictions or other acts of injustice.
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May not represent official positions of the Libertarian Party of Santa Clara County unless so indicated.