Immunity from Arrest

Remember that Lethal Weapon movie where the villain did whatever he wanted because he had diplomatic immunity? Yea that was a classic but is diplomatic immunity real?

Before we get to that, there is limited immunity for arrest for non-diplomats. For example, members of the General Assembly have immunity under the Tennessee Constitution Article II § 13. They can still be arrested for treason, a felony, or breach of the peace and this immunity only applies during session of the General Assembly or traveling to and fro.  Members of the National Guard also have the same immunity as the General Assembly but such immunity only applies when engaged in military duties (See T.C.A. 58-1-226). 

But what about the guy from Lethal Weapon??  Ok,ok,  the good ol United States Constitution does  provide for immunity for (ding ding) members of Congress. It also provides for immunity for diplomats of a foreign nation.  I don’t see that in the Constitution you say! Look at the fine print under Article 1 § 6.  The Federal Statute provided for broader immunity for the staff and family members under 22 U.S.C.A. §254(d).

But wait before paying up that $10 bet to your lethal weapon fanatic buddie. It doesn’t work exactly like the movies let on. First of all, the diplomat can still be prosecuted under the laws of its home country for acts committed in the United States. Not to forget the immunity applies to the Country not the diplomat himself. A foreign country can waive its immunity and the diplomat can then be charged under U.S. law. This actually happened back in 1997 when a diplomat drove drunk and killed a 16yr old girl. From what I understand he is serving up to 21 years in federal prison. 

Why would we allow immunity like this? Simply put - we want our diplomats treated with the same protocols. Some of our laws are strange and go against long standing traditions of some of our diplomats. For example having multiple wifes or sex with a willing 12 year old in many countries is completely legal and moral. We would hate to think of sending one of our diplomats to a foreign country and him be sentenced to 40 years of hard labor because he smoked a cigarette in a public place right?

Its not a perfect system but overall I believe it works pretty well. In any case it makes one heck of a great movie theme!