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American Justice: synopsis of our Federal court's published shocking cases--jk

Link below is to the article being sumerized

AMERICAN JUSTICE: Revealed through published federal cases--jk


The shocking state of American Justice. The study on this site "American Justice" recounts the Judges' published opinions, this outline in 5 minutes of reading time drives home the point that the judges and prosecutors have formed a tag team.

OUTLINE OF TOPICS AND CASES (Listed according to page)

A). SWAT team attacks, Donald Carson, Donald Scott, & Philip St. Hilaire.

1). Search & Seizure; tag-team justice, with retirement of Douglas the Tag Team obtained majority on Supreme Court (S.C.) in 1975.

2). Redefining illegal search and seizure; 9 ruling in 1976. Suspicionless searches of travelers upheld.

3). Piss test of school students upheld, not violation of self-incrimination or unreasonable search Clauses. 

4). Cruel & Unusual Punishment; S.C. upholds application of Texas 3-strike law which netted William Rummel life for 3 financial crimes totaling $230.  Duhr received life for a third strike of drunk driving, and Smallwood for $27.64 worth of shop-lifted meats--he was hungry.

5). Federal Armed Career Criminal Statute has a 15-year minimum for those who merely handle a gun and have a total of 3 drug or violence priors.  Courts split one conviction into multiple priors and they count all burglaries as crimes of violence. The cost of incarceration.

6). Deal gets 105 years for 6 counts of violating a gun statute--no one was harmed, he brandished a gun with him during the robberies. The travesty of statutory interpretation, in Deals case of subsequent.

7).  "No attainder of treason shall work corruption of blood, or forfeiture except during the life of person attained."  Article II, Sec. 4, Clause 2 of Constitution.  This clause and the enactment of First Congress makes it clear that forfeiture of felons estate (property) is unconstitutional.

8). Ferris Alexander had forfeited more than a dozen stores and theaters, their inventory, and almost $9,000,000 in assets acquired from nearly 35 years as owner of these businesses. He also was sentenced to 6 years in prison and Fined $100,000, all for four magazines and three videotapes deemed obscene.  Done under RICO statute.  Free Speech, Cruel & Unusual Punishment, and Excessive Fine clauses of our Constitution ignored.

9). Leybda Corp. had their Lear Jet forfeited through no fault of their own: Two crew members and a pilot lied on their visa applications, which were filled out upon landing in Miami for emergency repairs. They were arrested and Leybdas plane was seized. The INS chose to apply a never-used-against-large carriers statute that permits the forfeiture of the transport carrying "aliens not duly admitted". In another case, Anthony Calabro, a disabled welfare recipient whose case was dismissed shortly following his arrest, then sued for return of his property. But after 11 years and 4 court orders for its return, he has yet to receive his $3,085 from the DEA.

10). Seizure of property by police termed legal massacre of innocent citizens. Double Jeopardy has 2 clauses: one prohibits being twice punished, the other being twice prosecuted. The separate-sovereignty doctrine permits different states, different districts of the federal courts, state and federal government, and different branches of government to prosecute a second, third ... times. National Obscenity Enforcement Unit prosecutes for same conduct in different district courts--P.H.E.'s. case.

11). P.H.E.'s acquittal in North Carolina & subsequent Utah prosecution.

12). Freedom of Speech; abridged by chilling effect of RICO prosecution resulting in forfeiture of 12 stores, their inventory, jail time, all this for 4 videos and 6 magazines, $105.30 worth of sales and rentals, deemed obscene in Pryba case. RICO replaces separate prosecutions in different districts for same conduct as tool used by NOEU to drive out of business those in the pornography industry.

13). Indictment of a grand jury becomes rubber stamp when S.C. refuses to consider any and all prosecutorial misconduct before the grand jury. In case of John Williams, it was the withholding from the grand jury of substantial exculpatory evidence."   Blockburger Test for violations of Double Jeopardy was based upon same facts being used in subsequent prosecution.

14). Blockburger replaced by Dixon ruling, which based upon elements of statute. Angel Rivera Feliciano pled guilty to possession for 22.9 grams of heroin; a year later he was tried under conspiracy for the same heroin and sentenced a second time for the same criminal act. Kurt Witte pleaded guilt to importation of pot. He was sentenced to that plus to a failed attempt to import cocaine, the cocaine was relevant conduct. One year later he was tried and sentenced for the same cocaine, and the S.C. found this not to be a violation of double jeopardy.

15). Due Process Clause has been interpreted as extending to the fairness of proceedings, including the proceedings of plea bargaining and sentence. All pertinent risks to the plea bargain are required to be revealed by the judge before accepting the plea bargain worked out by the prosecutor and defense attorney. Witte never knew that his plea bargain for pot would result in him being twice sentenced for the unincluded cocaine.

16). Larry Kinder bragged (lied?), upon receiving a front of methamphetamine from a police agent, that he had 17 ounces of meth out on street. He pleaded guilty to the half pound of meth and was sentenced to 17.5 years; his brother received 33.5 years. The judge sentenced them both for the half-pound given them and for the 17 ounces. Kinder maintained the 17 ounces was a fiction used to support his being fronted a half-pound. At sentencing any reasonable inference will suffice under the Relevant Conduct in the Sentencing Guideline Rules--even acquitted conduct has been used. 

17). S.C. grants absolute immunity from suit to prosecutor for all misconduct. Richard Imbler did not receive a fair trial because prosecutor knowingly used false evidence. He was sentenced to die. It took 8 years to get his conviction overturned. His civil suit of his prosecutor was barred.

18). Mrs. Green tried suing the government for the clearly wrongful death of her son. He was given Thorazine for an asthmatic attack (a thing no normal doctor would do); thus a clear-cut case of wrongful death. Fourteen years later, 3 favorable appellate opinions and a S.C. opinion, yet there was no trial of the suit. Each time the case was sent back to the District Court for further proceedings.   The appellate and S.C. know that most of their liberal rulings are ignored by the District Court.  This is part of the facade of justice.

19). Excessive Bail Clause and Due Process Clauses requirement that incarceration to protect society from criminals may be accomplished only as punishment of those convicted for past crimes and not as regulation of those feared likely to commit future crimes, were held to be violated by the Bail Reform Act of 1984--the Second Circuit ruled-- because it permits denial of bail based on fear of future crimes being committed while on bail. The S.C. found no such violation of Constitution in denying Mafia boss Anthony Salerno bail. Today those charged with serious crimes, such as the sales of a small amount of drugs are routinely denied bail by the federal courts.

20). The First Judiciary Act (by First Congress) made it clear that the bail clause of the constitution meant that all, except in cases of capital offenses, should have reasonable bail.  "Incarceration of those on grounds of possible future crime is consistent with usages of tyranny," two S.C. Justices wrote. The INS has on these very grounds detained over 2,000 Cubans indefinitely. Three-strike laws are backdoor versions of incarceration based upon fear-of-future-crimes.  Over half of the 3-strikes cases are petty, and its application violates the Cruel & excessive Punishment Clause of our Bill of Rights. 

21). Congress, police, prosecutors, and judges have formed a Tag-Team police state. The administration of law reflects their personal prejudices, their political ambitions, and their bureaucratic goals. Of economically developed countries, our system is the worse.

22) Epilogue: the SC's vision of justice is that of deference to the elected legislators. It is now, because of SC rulings, the legislatures (federal and states) who decide what, if any, constitutional rights we have.  They have eviscerated court supervision of the police, prisons, and prosecutors--though sometimes there are facade rulings. 
The collection of published  cases covering the above materials.

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The skeptic is one who judges all things according to the evidence.  The common herd affirms many things to a degree well beyond what the evidence supports; and conversely doubts that which is worthy of greater affirmation.  The humanistic skeptic applies a second measure, that of  harm resulting from such beliefs.  Issues of economics and politics, of religion, quackery and corporate medicine, and of imprudent behavior top the harm done list.   Education and scientific psychology are gateways to following the dictates of reason.