Government Accountability for Causing Individuals Harm
Authored by Molly Davis, Policy Analyst, Criminal Justice Policy Analyst
Should a person be held liable for damages if they harm you? The answer is a resounding yes. However, while individuals can hold one another accountable in court, the government is held to a far lower legal standard than any private individual—if it’s held to one at all. This is because in many cases, the state shields itself from being held liable for any wrongdoing.
Long before America existed, English common law relied on a principle of rex non potest peccare, that is, “the King can do no wrong.” This principle has been implemented by American governments at all levels, making it difficult for anyone to successfully sue the government.
Cases against the government are regularly thrown out by judges due to government’s imperialistic immunity. In Utah, if the government is actually held accountable, justice is artificially limited due to caps on compensation. Those harmed by their government face a profound injustice due to immunity laws—and for that reason, the laws need to change.
Read the briefProtecting Your Digital Data from Warrantless Searches
Authored by Michael Melendez, Director of Policy
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
These are the words that comprise the Fourth Amendment of the U.S. Constitution. Many defendants have relied on them—and similar clauses in state constitutions—but has modern technology rendered this protection ineffective? Has the traditional regard for privacy eroded to a point of no return? Can a 400-year-old idea continue to be relevant today?
The fears and concerns of the Constitution’s drafters are as pertinent as ever today. New circumstances and technologies present themselves often, but there must be balance between the law and individual rights to ensure that our digital data is protected.
Read the briefPhasing Out the Annual Tax on Business Supplies
Authored by Michael Melendez, Director of Policy
State and local governments, like the federal government, have dozens of available options to generate revenue through taxation and fees, many of which are unknown to the average person. Government officials should strive to make these obligations equitable, transparent, and avoid counterproductive taxes.
One such tax that has missed the mark is Utah’s annual tax on business supplies—the Tangible Personal Property Tax, which violates nearly every principle of fair tax policy.
To comply with this tax, business owners must annually tally up their supplies and use a number of confusing depreciation schedules to determine how much they owe. The relatively small amount of revenue generated does not justify the wasted time and effort to repeatedly report and pay this inequitable tax.
As state governments move away from taxes on business inputs that discourage investment and, consequently, economic growth, this is one of the taxes that must be eliminated.
Read the briefKeeping the Peace Between Neighbors Without Restricting Rights
Authored by Molly Davis, Criminal Justice Policy Analyst
The term “big government” typically invokes images of Congress or the Legislature, but it is likewise applicable, in many ways, to laws that affect our lives in a far more direct manner, at a local level.
Hitting close to home, the rules and regulations imposed by city and county officials cover everything from the type of grass that can grow in a family’s front yard to what activities are allowed within one’s own home. While our attention is often drawn to federal and state laws, local ordinances must be checked to ensure that individual rights are not unreasonably restricted.
Failure to comply with local ordinances can bring criminal consequences including fines and jail time. A fear of these harsh consequences creates a chilling effect for people who would like to utilize their property as they wish. While local ordinances are typically intended to foster a better environment for all residents, they often neglect the rights of the individual.
Read the briefPretrial Release: Restoring Due Process and Reforming Bail
Authored by Molly Davis, Criminal Justice Policy Analyst
Releasing a defendant before trial using bail ensures that those who are presumed innocent until proven guilty can walk free until they are convicted or acquitted of a crime, while also ensuring they will not commit additional crimes upon release. The goal is to ensure justice while also keeping others safe.
The conditions of release are supposed to be based on an individual’s risk of flight and danger to the community. Although cash bail and bail bonds are still widely used in most pretrial hearings, they have not been used with their intended level of individualization because judges often lack adequate information to make this sort of personalized judgement.
As a result, the entire pretrial justice system has been largely inequitable—wealthier Utahns, regardless of their risk, are released on bail to await their trial while low-risk, poor Utahns are often incarcerated. By implementing a new risk assessment tool, judges can correct this unjust application of bail.
Read the briefThe Cost of Raising State Income Taxes to Fund Education
Authored by Michael Melendez, Director of Policy
Perpetual calls to increase funds for K-12 education generally fail to tackle the root causes of scarce funding and ignore the question of whether additional tax revenues are even needed. Often these appeals for greater funding center on increasing the state income tax.
Without a basic understanding of why Utah’s state income tax rate is where it currently is, it can be easy to wrongly conclude that simply raising the rate by a small fraction would do no harm to Utah’s economy.
Utah’s competitive advantage in attracting businesses depends on maintaining favorable regulations and taxes. This includes the state income tax, which impacts the relocation decisions of businesses and their employees.
If the state is serious about increasing K-12 education funding, we must first consider alternative options within the $16 billion budget, rather than pursuing a fruitless state income tax increase that will most certainly hurt Utah’s economy.
Read the brief