Right and Left Join Forces on Criminal Justice

[Are_grits_groceries]

WASHINGTON — In the next several months, the Supreme Court will decide at least a half-dozen cases about the rights of people accused of crimes involving drugs, sex and corruption. Civil liberties groups and associations of defense lawyers have lined up on the side of the accused.

But so have conservative, libertarian and business groups. Their briefs and public statements are signs of an emerging consensus on the right that the criminal justice system is an aspect of big government that must be contained.
<snip>
Edwin Meese III, who was known as a fervent supporter of law and order as attorney general in the Reagan administration, now spends much of his time criticizing what he calls the astounding number and vagueness of federal criminal laws.
<snip>
There are, the foundation says, more than 4,400 criminal offenses in the federal code, many of them lacking a requirement that prosecutors prove traditional kinds of criminal intent.
<snip>
Harvey A. Silverglate, a left-wing civil liberties lawyer in Boston, says he has been surprised and delighted by the reception that his new book, “Three Felonies a Day: How the Feds Target the Innocent,” has gotten in conservative circles. (A Heritage Foundation official offered this reporter a copy.)

The book argues that federal criminal law is so comprehensive and vague that all Americans violate it every day, meaning prosecutors can indict anyone at all.
http://www.nytimes.com/2009/11/24/us/24crime.html?hpw

Gah! I may agree with Meese on something. I have to go lie down.

[MH1]

1. Common ground? What a nice thing to find.

Maybe we should take the opportunity to make progress on this front, before the wingers figure out how they can profit from the status quo.

The abuse of the "justice" system by profiteers has been out of control for a long time in this country.

[Fumesucker]

2. federal criminal law is so comprehensive and vague that all Americans violate it every day,

meaning prosecutors can indict anyone at all

Which is the entire point of such laws, make everyone a criminal and no one dare speak up for fear of prosecution.

Meese will change his tune as soon as Republicans are back in power.

[akhil]

3. Subject: TONYA WYCHE, The Evil Grinch who stole away the Justice from me...!!

November 24, 2009

Subject: TONYA WYCHE, The Evil Grinch who stole away the Justice from me...!!

To: Every citizen who is seeking justice from the courts.

The very essence of liberty certainly consists in the right of every individual to claim protection of laws and seek redress from the courts. When the courts become corrupted, the road to tyranny becomes more accessible. There are many examples of cases in which the court clerks have demonstrated a pattern of proclivity and kowtowing towards the prosecutors.

In my case, the evil Grinch in the Third Circuit Court of appeals sits as a case manager by the name of Tonya Wyche. Ms. Wyche refuses to docket and file my pleadings and motions to my cases. I sent a motion for dismissal of the indictment based on an congressional amendment of the federal law, which proves that the conduct charged in my indictment was never considered as a crime by the congress. I sent repeated requests to her for her explanation as to why my motion is not filed, but my inquiries were never responded. I tried to call her on numerous occasions, but she refused to take my calls. When I tried to file my motion electronically, Ms. Wyche conveniently cancelled my registration as an Electronic Document filer to the courts. Ms. Wyche also refuses to issue an scheduling order in my criminal appeals despite the appellate case file in her office since past TWO YEARS!!.

Ms. Wyche has hermetically closed the court doors for me and is preventing me to seek justice from the Court of Appeals.

Her actions and conduct is not because of incompetence, but rather because malice aforethought. This curtailment of right to access the courts makes it more difficult to seek redress and easier to prolong oppressive incarceration of innocent persons. In so far as the court clerks violate the rights recognized by the founding fathers codified in the constitution, their conduct is illegitimate. May be that these clerks have their own customized version of the constitution. But, when court clerks scorn their oath to uphold the constitution, they transform themselves into predator class, and justice is lost leading to arcane, arbitrary and secretive procedures with flagrant erosion of justice.

These type of clerks scorn their own mandatory duty by deciding the case and showing actual bias against the defendants for personal careerist reasons - promotion, retirement, post-retirement opportunity. Their power have given them a hubris, arrogance, and sense of invulnerability that has eroded the effective administration of the judiciary system. Rouge clerks do not have horns or tails; if they did, they would be easier to identify. The complaint proceedings against these corrupt clerks are a farce as no action is taken against these dissolute and venal clerks.

I am not writing this with slightest expectations of ending this autocratic behavior. These clerks cannot be stopped because their behavior is simply a function of the way they are and how they think, their dispositions, and the way they deal with the criminal defendants. However, they can be understood, exposed, and watched, and there is a compelling reason to do so. While their misconduct may be considered harmless in the scheme of things, their larger undertaking is of great concern. These clerks, who carry out their vendetta against citizens almost never have to pay to either the government's or citizen's legal bills, and their only incentive is to stretch their power as far as possible.

Clerks like Ms. Tonya Wyche cannot be trusted to exercise the powers given to them. Examples of this nature, if not restrained by national control, would be multiplied and extended till they become serious sources of arbitrary and disparate treatment. To prevent future bigots and ignoramuses from controlling the judicial system, these clerks have to be de-fanged and their arbitrary powers be excised. And without governmental involvement - without active monitoring of the actions of the court clerks and without vigorous resistance to their misconduct - people will have few means to safeguard their lives and property.

'WOE UNTO YOU SCRIBES ... TIE UP HEAVY BURDENS, HARD TO BEAR, AND LAY THEM ON THE SHOULDERS OF OTHERS; BUT ARE UNWILLING TO LIFT A FINGER TO MOVE THEM ...

BLIND GUIDES ! YOU STRAIN OUT A GNAT BUT SWALLOW A CAMEL ... HAVE NEGLECTED THE WEIGHTIER MATTERS OF THE LAW AND JUSTICE....' JESUS (Matthew 23:4-24).

Submitted by,

Dr. AKHIL BANSAL
Email :- [e-mail]
Blog: drakhilbansal.blogspot.com

[paulsby]

4. absolutely true, and yet many people keep advocating for more dumb and vague federal laws

such as anti-bullying legislation, etc.

the federal govt. has VASTLY expanded their law enforcement power in the last few decades. it's astounding. our country was founded as a country that did not have a "national police force" (unlike many other nations), and i like it that way. agencies like DEA, FBI, etc. used to have much more limited jurisdiction.

it is also correct that many federal offenses do not require criminal intent, like state and local laws require in similar circ's. i am thinking specifically of many federal strict liability statutes.

remember, every time a new law is passed, the govt. gets more power. the LAST thing the federal govt. needs is more power