Can a criminal statute that covers conduct of certain persons be interpreted to extend to others it does not cover?
MultiRegion, United States of America
The following excerpt is from Rattray v. City of National City, 51 F.3d 793 (9th Cir. 1994):
I know of no authority that allows a criminal statute that covers conduct of certain persons to be interpreted to extend to others it does not cover, on grounds that not to do so violates constitutional equal protection provisions. Certainly, the California case of Long Beach City Employees Ass'n v. City of Long Beach, 41 Cal.3d 937, 227 Cal.Rptr. 90,
[51 F.3d 804]
719 P.2d 660 (1986), relied upon by the majority, does not do so. Long Beach Employees simply held that a legislative scheme that outlawed involuntary polygraph tests for some private and public employees but permitted them for other public employees denied those other public employees equal protection of the law. The court, therefore, enjoined a public agency from requiring polygraph tests of its employees. Criminal or civil liability was not imposed on anyone by that decision. Here, the majority reinterprets the plain language of a criminal statute to impose criminal and civil liability on police officers on the grounds that failure to do so would violate the equal protection clause of the California Constitution. I find no justification for such an approach.[51 F.3d 804]
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