[D(dtiquips] John Farnam - Politicalization of our Justice System?

JimConway

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9 Dec 09

Politicalization of our Justice System? These comments from a seasoned, and disappointed, investigator:

"Detectives and prosecutors alike are regularly seduced by groups of organized political ideologues into pursuing 'violations of the spirit of legislation,' instead of sticking with facts. These non-professionals, who have cynically attached themselves to our Criminal Justice System, thus regularly pollute investigations, compromising their integrity in the process.

Prosecutors are then cajoled into pursuing nonsensical, agenda-driven crime-incident theory, and then are expected to come up with witnesses, and other evidence, to support the fantasy. Real investigators and prosecutors ignore these mendacious demands and simply follow the evidence wherever it goes. Others, with the identical job description, prostitute themselves and do the bidding of licentious political partisans and lobbyists who are anxious to hijack our Criminal Justice System in an effort to promote themselves and punish political opponents.

Curiously, juries unfailingly identify these manufactured fantasies, correctly, as an attempt to use them as profane stooges in the promotion of someone's political career. Jurors take the job of deciding the fate of fellow citizens seriously, and they have scant patience with others in the System, who don't. Accordingly, they are just as put off by agenda-driven absurdity on the part of prosecutors, as they are with the same thing on the part of defense lawyers, even more so, because the prosecutor's salary is paid from the public treasury.

Transparently pursuing political agendas in the courtroom, so that lobbyists in the background can file higher grant requests the next fiscal year, regularly generates internal struggles within juries that, without fail, lead to compromised verdicts.

My advice to investigators and prosecutors alike: Throw the lobbyists, and politicians, out of your office! Forget clever tricks and cute posturing.
Stick with the facts!

Juries are not comprised of fools, and they visibly resent the entire Process being cheapened by shameless charlatans sucking-up to political hacks, at the expense of the pursuit of real Justice."

Comment: As respect for our entire Criminal Justice System erodes, everyone in it will come under increasing pressure to compromise principles, in exchange for political favors. And, as they knuckle under, this nation will continue its slide toward becoming a third-world joke!

It is incumbent upon all of us, who still know right from wrong, to magnificently hold our ground, and, as my friend suggests, throw these political hacks out of our office!
 
More from John Farnam

"10 Dec 09

Comments on our Jury System, from a Chief of Police, and student:

"With sincere and logical intentions, our Founders believed they created a Justice System that would shield citizens from the abuses of government by positioning the jury between those citizens and the arbitrary power to incarcerate.

It is an interesting theory, but today the System plea-bargains the vast majority of criminal cases. That fact, combined with the crippling financial impact of hiring competent attorney(s) to take one's case through the trial process, has eroded this so-called protection to the point of it being a rare privilege, rather than a 'right' accessible to everyone.

When government brings a politically-inspired case against you, you will doubtless be offered a 'plea-deal.' Usually, this deal will include a guilty plea to a technical 'felony,' and a significantly reduced sentence, compared to that which is possible when the case goes to trial, and a conviction results.

Thus, many innocent people face this dilemma: Do I plead guilty to a '
felony' that I did not commit and get probation, forever forfeiting basic rights in the process and essentially becoming a permanent, second-class citizen? Or, do I ever-impoverish my family in an attempt to win at trial, knowing that, when I lose, I will be incarcerated for an extended period, and will probably die in prison?

Penalties are now so severe, for even insignificant, highly-technical violations of incomprehensible, generally-unknown, and arbitrarily-enforced codes and regulations, and litigation costs so high, that, unless you are willing to gamble your future with a public defender, most normal people are easily bullied into accepting the first 'deal' that is offered.

Adding a vast array of brand-new federal felonies, that most of us will
never even hear about (until federal agents come knocking on your door), is
now the accepted approach in Congress."

Comment: Our System, that was set up to protect the innocent from criminals, in both the private and public sectors, is corrupted by power-lusting politicians, eager to confiscate it for the purpose of promoting themselves.

This, of course, has always been the case. But, the recent, enormous surge in the growth of government has imperiled everyone. The innocent are casually swept up into sinister, political agendas, high-sounding though they may be, and there is little protection.

"Innocent until proven guilty" has become "Innocent until proven indigent!"
 
This is why I cringe at people trying to get out of jury duty.

The jury serves a purpose to protect yourself and your fellow citizens from criminals and to also keep over zealous government in check.

Its really a small price to pay for the liberties we enjoy.....many have paid much higher prices.
 
PART 3 FROM JOHN fARNAM

15 Dec 09

Additional comments on the Justice System, from a law professor and
student:

"Who believe only guilty people are arrested and prosecuted are falsely/foolishly confident.

In fact, we now see an unlikely alliance of both Liberals and Conservatives, joining together to vehemently oppose the ever-growing list of federalized crimes.

For generations, when someone committed a crime, he knew he was wrong. '
Intent' was, after all, an element of the crime. Today, we can commit a felony, and that fact that we did so never even cross our minds, until officers come to arrest us. Congress is busy passing legislation (most of which they never read) instantly converting an innumerable host of benign behaviors into federal felonies! Not labeling a package properly (according to some obscure regulation), or even presenting a gun to your son or daughter as a birthday present, may well make you a federal felon!

How many good and decent people have been impoverished, and had what was left of their lives and personal reputations ruined, when 'repressed memories'
were used as the basis for sexual-abuse charges? Police and prosecutors, anxious to pad their resumes, brought charges against them because some alleged 'victim' had her 'repressed memory' magically 'restored' during dubious 'therapy' sessions. Not all of these people could afford a jury trial with competent representation.

With the Duke University Lacrosse Team fiasco, the Central Park Jogger
Case, and other high-profile instances, we eventually learned the truth. We
would be foolish to believe that there are not many other cases, that never generated headlines, which resulted in an innocent person being swept away with a 'negotiated plea.'

Unless you can afford to hire stellar attorneys, the immense (and growing!) power of government can easily overwhelm you, and, when the prosecutor offers you a deal, you may have little choice but to accept."

Comment: We all agree that the foregoing is not what our Founders had in mind when they wrote the 6th Amendment!

/John
 
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