Equally important, it would deprive protection of those who might be falsely accused of such abuses, already a media highlighted public concern. I recognize fully that financial considerations are an important factor in the Committee's decision. The federal absolute immunity proviso must be significantly modified. Absolute immunity, like absolute power, corrupts and fosters irresponsible exploitation. In the U.S. immunity from prosecution has traditionally been available only to specific groups essential to the functioning of the legal system, e.g., judges and prosecutors.
Total immunity encourages frivolous, fabricated, and even malicious accusations.
Qualified immunity, such as that enjoyed by police officers, is a reasonable replacement. States that maintain the absolute immunity provision should not be entitled to federal funding. This change alone would reduce significantly the flood of false referrals being generated at this time, resulting in a formidable savings of federal monies. However, simply modifying the immunity proviso is not enough. There must be potential consequences for a false accusation whether it be deliberately made, the result of negligence, the product of delusion, or alleged for any other reason.