Law enforcement, #blacklivesmatter, due process and how we fix isssh….

#blacklivesmatter- great energy, changed landscapes, an and have raised awareness amongst the left leaning, corporations, and knowledge professionals about very real issues that probably never many people to understand that there are very real, very important issues with law enforcement. In terms of advancing the public conversation, in terms of solutions, the Black lives matter movement- it is really far more groups involved in what’s going on,  deserves a lot of credit for moving the needle, while I do not sanction the burning of buildings or the destruction of property- downgrade in functionality I rarely am interested in. Nor the shouting and shaming of restaurant eaters. In fact, at this point, at least with regards to the folks who are taking the adversarial jump, rather than the peaceful protest, are distracting from the message. Any property burning is at this point members of “anarchists and antifa for Trump” deliberately or not. Also, likely to get much worse in terms of felony charges, the 1st amendment provides no protections.

 Given the importance of the topic, to the stability of society as a whole, and the importance of this concept to American history and law, the cost is frankly a small price to pay.  In fact, in a funny way, these protests are an American tradition, and a form of Law enforcement, though the protesters will likely protest this characterization.  A protest using 1st amendment rights to demand 14th amendment due process rights

Law enforcement is absolutely critical to any human society- because people are not perfect, including those in law enforcement. It is also fundamental to any society based on rules. Whether the Oklahoma cop enforcing city ordinances, based on law from at least the Roman Empire or the anarchist gardener who got her committee to create a rule stopping other coop members from picking fruit until her designated  b

Citizens killed by taxpayer dollars by country
Citizens killed by taxpayer dollars by country

In deaths per million people.

They say you can be known by the company you keep. The countries below the United States in taxpayer funded civilian deaths are pretty unstable, and generally considered very poor. (It’s plausible the US shares some responsibility for the  Afghanistan

 Sometimes people would think to question the numbers of other countries, but those of the United States are also quite troubling. But to have more accurate numbers is even a push further; up until a few years ago the FBI was estimated at 400, with the actual numbers over 1400- killedbypolice.net , and so the FBI was publishing essentially fraudulent statistics, “self-reported justifiable homicides” We are now aspiring to the citizen death rate by

Despite the law requiring the chief set of attorneys in the country-DOJ to keep these statistics and publish them, the last time they tried to keep the numbers on police complaints was 2002.

From wikipedia

Although Congress instructed the Attorney General in 1994 to compile and publish annual statistics on police use of excessive force, this was never carried out, and the Federal Bureau of Investigation does not collect these data either.[1]

The annual average number of justifiable homicides alone was previously estimated to be near 400.[2] Updated estimates from the Bureau of Justice Statistics released in 2015 estimate the number to be around 930 per year, or 1,240 if assuming that non-reporting local agencies kill people at the same rate as reporting agencies.[3]

Around 2015–2016, The Guardian newspaper ran its own database, The Counted, which tracked US killings by police and other law enforcement agencies including from gunshots, tasers, car accidents and custody deaths. In 2015 they counted 1,146 deaths and 1,093 deaths for 2016. The database can be viewed by state, gender, race/ethnicity, age, classification (e.g., “gunshot”), and whether the person killed was armed.[4]

The Washington Post has tracked shootings since 2015, reporting more than 5,000 incidents since their tracking began.[5] The database can also classify people in various categories including race, age, weapon etc. For 2019, it reported a total of 1,004 people shot and killed by police.[6][7]

1880 Congress-

Amendment XIV

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Bill of rights 1805 ish

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

1776

Declaration of Independence

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,–That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

This indictment, one of 20 that could be said of today’s government referred to a black unarmed protestor  in the Boston Massacre, and the lack of trial for the officers involved. Crispus Attucks

“For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States”

1307 Magna Carta

] The Constitution’s Fifth Amendment guarantees that “no person shall be deprived of life, liberty, or property, without due process of law”, a phrase that was derived from Magna Carta.[21

That every killing by the state was supposed to be a big deal- heard in trial- was the law of this land before it was the United States.

This is  bad, the only countries worse are seriously unstable places. This is a worse problem for black Americans for sure, and the brutality of which I’ve felt is in the neighbor hood of 25,000 complaints a year,  of which I know at least my p

Also, any time a cop lies in the record, it’s a state and Federal crime. Meaning to say that none of those cases can be prosecuted quickly is a lie. 

Priority:

Court Action sought, Immediate:

A national, and  immediate injunction against single officer use of force(wait for back up in danger situations), especially deadly force without specific cause such as the immediate threat to citizens or a firearm.

There are certain police tactics which are required to minimize risks to citizens, and  it is clear

Immediate and consistent documentation of use of force at all levels, (including prisons) to be reported in a consistent format, in less than 12 hours, open to public with perhaps officers names substituted for an identification number. While the final system may take longer, a simple 10 entry database system scalable to several million entries should take less than a week for qualified professionals to build out. This should include immediate supervisors, witnesses,

Immediate process tracking of any cases that arise involving agents of law including judges, court employees, as well as police, but especially regarding police use of force cases, and the development of a rubric to identify and track current methodologies, best and worst examples of same, and the noting of any irregularities, that may arise due to conflict of interest.

Review of all cases pending trial for “speedy trial” violations

Opening note:

It is important to note that in no way is this specifically a criticism of the individuals named in this suit- largely, in my opinion the men and women do their best to make sure there is as much justice as they can. in a system, we do our best, working with those around us, and shiny new parts get tarnished by soot and poor function of a system long ago in need of an audit and update.  The greatest criticism, is one of human behavior; there are law enforcement, lawyers, judges, who perpetuate the worst of behaviors, that go on, unchallenged despite evidence that would trigger jail sentences or even death penalties in any other profession, but, people are not prone to outing their own, whistle blowing is usually frowned upon, understanding

Introduction:

Scope:

The scope of this case is expanded twice. First from the individual to the national,  as the problem to be properly understood, and fixed, must be dealt with as part of a systemic, national issue- similar to how doctors rarely treat individual bumps of chicken pox. Second, from use of force by law officers to a greater malady, the gap between defacto and dejure law, as a common thread running through out our systems of government.

Venue Shift Rationale:

An issue of this magnitude,  addressing as it does the foundation of American law,  supersedes regional district conventions; and requires examination by courts in every state.

Relevant Statutes and Case Laws:

5th and 14th amendment (“life liberty and property shall not be  deprived without due process of law” Due process strangely poorly defined 200 years later and equal protection under the law

 )

8th amendment (cruel and unusual punishment)

Declaration of Independence(repeated violations of right to life as reason for altering or abolishing government, refusing assent to laws, for protecting them by mock trial from punishments for the killing of citizens)

Harris v.  City of Canton(deliberate indifference)

Spell v. McDaniel (Municipal liability)

Walker v. City of New York (Failure to Train)

Vann v. City of New York (deliberate indifference)

Magna Carta

Legal Theory Advanced:

1. That the ultimate responsibility for enforcement of US code, is the US federal government, and that the code of conduct, that stems from US code is applicable to law enforcement at ALL levels. This is supported by both 5th (states are incorporatedbyapplication to Congress) and 14th Amendment due process rights, spoken again in flame of Revolution fever in the Declaration of Independence, and was the law of the land in rights from the Magna Carta in the English common law long before this whole American

2.That when an issue, becomes national in scope, particularly in regards to Constitutional issues that it is the duty of the federal government to act, and to set up such safeguards as to disarm the threat, regardless of the source, and  provide for safe guards, structurally. (equal protection under,and  from the law.) Expansion of scope, but similar concept as municipal responsibility. The courts have consistently held, that municipalities can be held liable for the actions of their actions of their employees, especially when “deliberate indifference” has been shown or acquiescence in unconstitutional practices.

Deshaney is Wrong.

3. The current problem with police brutality, is not in fact, a problem at the city level, and seems to be the same nationally, from New York, to Philadelphia, to Denver, Oklahoma, San Francisco and LA.  What happened to me was symptomatic as a single bump of chicken pox; treating it individually makes as much sense as sending the child to a different doctor for each chicken pox bump. The total number of excessive use of force cases is unknown as it is not currently tracked. Police in the United States kill 1400 people per year, (killedbypolice.net, the guardian) It is reasonable and perhaps conservative to say that for every death, there are likely 20+ brutality cases.  Since physical abuse is a crime, no matter who commits it.

4. Given that there is 99% indictment rate for citizens; <5% for police officers it is safe to say clemency for extra legal killing, and brutality have become a de facto part of the American Justice system. These cases involve a violation of due process, cruel and unusual punishment and equal protection under the law as well as simple murder, and conflict of interest issues will prevent proper legal advancement of cases as we see from the numbers involved hence the responsibility o the failure to correct systemic issues by the federal government represents responsibility via Haynesworth V Miller, and Owen v. City of Independence. this also looks similar to “For protecting them, by mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these states“

5. Further, as prosecution of police officers requires the buy in from co-workers (other police and prosecutors), it is unlikely that there would ever be a reasonable or fair proceeding with regards to police. Thus is in need of a change of venue, and likely a permanent community review board because nearly any one involved in a legal system at the city or state level is going to have a conflict of interest, and indeed, that is seen in the prosecution rates of police, nearly non-existent, despite the relative eruption of such cases in our mass media. In fact, even with a prosecutor outside the direct sphere of the officer, professional mindset, or cultural mindset is likely to still be a significant factor.

The more radical part of the legal theory put forward, is that the Constitution’s Supreme legality is in stare decisis Declaration’s legality, and that the official definition, scope, and use of government as it relates to individuals in the United States is given in that documentation, and is always, a valid petition for redress of grievances as per the 1st Amendment.

There is little doubt in the historical record; the precedent for the Constitutions Supreme legality comes from the ratification methodology used with the Declaration. The divorce from one set of laws, the definition of what government is and should be, and the creation of said government can be defined as the most legal of acts. Further, the treatise duly voted upon by every district in a new country, and the reasons, paid for with the blood of the citizenry, for said change in government and founding of a new one, and signed by 3 of 5 first presidents,  the designated date of a new country can hardly be said to have no legal weight.

It was referenced by Abraham Lincoln during the Civil War, and ironically enough in the secession letters of the Southern states, though blatantly failing the test of legitimate government’s duty to protect the liberty of people. According to a Constitutional scholar and current President of the United States, Barack Obama “The Declaration is the lens through which the Constitution should be viewed”.

In this particular case; it is useful, because if the core of responsibility of government is to protect 1 life 2 liberty and 3 the pursuit of happiness, being the largest jailer in human history is a problem, having the largest death by police rate in the civilized world is cause for a rapid and immediate change, and the focus on ensuring the pursuit of happiness for the individual, may have a startling effect on the current crisis of shootings, and mental health in this country.

A republic will be stronger if the constituents hold a strong image of the law in their collective understanding, supplemented by a stronger image by those who enforce it.     

The general principles around the Declaration can be more simply and easily explained and taught than the relative specifics of the Constitution, and out of alignment outcomes are more glaring when viewed from a Declarational framework.

Restitution sought:

Is that the responsibility for Constitutional conduct be proactive, creating a framework, training, and data collection methodologies for the expectation of federal audits of practices, defining, standardizing and broadening conflict of interest standards for police, prosecution, prison, and the courts.  Review of legal practices; courtroom technologies, wait times, and processes, also kept, transparently as part of a national database, and an experiment begun with the states to establish new court room norms for speedy trials. Also as the adaptation of a framework that is lighter and simpler for both enforcement agents and citizens to understand, the basics, the Declaration of Independence, which contains the official definition of government in US code, as well as it’s core functions with regards to the rights of the individual, to be trained and oath sworn at any level of employment or engagement in government activities, with the urgency being with law enforcement.

 Further, the larger gap between de facto and de jure law needs to be addressed in such a manner as is not currently proscribed in our frame works.

Particularly right to a speedy trial, (people waiting 2+ years for  non violent offenses?)and the 4th amendment – civil forfeiture seems to be a clear violation this., and the mass incarceration that has literally millions imprisoned for non violent crimes while the financial felonies of the past 10 years have been formally waived, creating 14th amendment conflicts. While rights to life and liberty have been specifically addressed though poorly enforced by later documents like the Constitution and the Bill of Rights, and case law, the pursuit of happiness has never been formally explored or examined by government; and it is likely that a happier per capita populace would not lead the world in mass shootings.

 Is it strictly legally necessary to address these case by case, or can it be addressed by actions addressed to the heart of the issue- which is the de facto, de jure gap that has expanded until members of the US governmental system can be seen to be an obnoxious and painfully obvious call to action to change and the failure to have expressly written  frameworks for what acceptable actions are or are not according to guidelines, i.e. how many days is a “speedy trial” what is cruel and unusual punishment (waterboarding, etc.) According to the decision to found this country, the answer was clear; NO. Their methodology was to abolish the government that disobeyed, flagrantly it’s own rules and create an entirely new one, and sometimes just a mostly new one. We are at another such time,

While it is understood that this court cannot provide all of the answers sought in this case, it is clear that these deficiencies in the current de facto set up threatens the bedrock of Union to slow decay.

It would serve the American people and it’s legal system to recognize formally the Declaration, the Constitution, and the US Code as successively more detailed from principles to ruling frameworks, simplifying the overall code, and making it easier to address and prevent further unhealthy dissonant gaps between de jure and defacto law.

Likely, it would be best also to re-engage the consent of the governed, as no one alive consented to this government, and that can only be done through Constitutional Convention.

Court Action sought, as part of full restitution:

Recommendations from this court on correcting the de jure vs de facto chasm in American law, including civil forfeiture, mass incarceration, multi year weights and other clearly deviant outcomes from the intent.

A national Constitutional minimums set up, clearly defining the current best practices for law enforcement as a minimum for standards of officer behavior, to Constitutional training, to what a speedy trial entails, what cruel and unusual punishment entails.

the job of police is not to shoot anyone who has a gun. At no point in that video was there a clear threat to the officer- or an innocent’s life, despite the gun. For most of it, the man appears to be running away from the officers.  What seemed to be on that man’s mind, was getting rid of his legal liability, the gun charge, not a shoot out with cops, it appears he may have been chasing another man.  While this persons handgun was likely illegally obtained, what information did the officers have that this was the case.  Our laws can’t be open carry is okay, but if you have a gun not pointed at anyone if someone kills you we have no problem with that.

Few people even people living a criminal lifestyle contemplate shoot out with officers, as police have overwhelming advantages in money, coverage and manpower, surveillance, time. This situation unfolded very very quickly, and the officers haste in approaching the situation wasn’t unwarranted. It’s not the calculated, and brutal murder of George Floyd, but it ain’t what you want. It’s also clear that preservation of human life on the scene was not this officers’ training focus.   Bottom line, gun drawn, shots fired, with no significant chance of loss of life on the scene, and the cause of this particular death is obviously contact with state officers charged first and foremost with the preservation of human life.

  Not envying the DA, Commander , or Judge on this one

Devin Stone:

Right wing thing tank

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