Wednesday, June 19, 2019

Truth, Justice and the American Way

Not to address the "American Way" but more the topics of truth and justice--once again. 

Reason should suggest that any chance of truth and justice demands Discovery, both the collection and distribution of evidence, facts and all other; yet this is not so. 

Indeed, Discovery becomes rather incidental in the application of The Plea Bargain, expedience irrespective of the facts.   

As presented on more than one article of mine, The Plea Bargain is an clear violation of the Fifth Amendment, No witness shall be compelled to self-incriminate. The Plea Bargain is an abuse of power, bargaining away the lawful rights of a defendant; rights that should not be negotiated, nullified in effect. 

No one can deny that Superman is super and that, all in all, this superhero stands for these ideas of truth, justice and the American way.  Equally undeniable is that Due Process and the rights of the defendant are practically and professionally denied,  expedience rarely the exception.   

Where is Superman to save the day?  

Few in the court system would agree with my opinions--only because they do not have to--but instead, follow the course of expedience far removed from what William Blackstone conceived and crafted in The Rights of the Englishman--an inspiration for The Fifth Amendment.  

With in excess of 98% of all criminal cases adjudicated with The Plea Bargain is it any wonder that we have the largest prison population in the world?  

Tuesday, June 18, 2019

The Justice System and the Plea Bargain

The System Of Justice  suggest that, as a system, it has order and the rule of law; the objective to determine guilt and render a just, evidence-based decision.  

This system however is not just, fair or anything of the sort.  

In the process of a decision is the collection and circulation of evidence; a process, Discovery; a potentially crucial period in adjudication--presuming that the accused is innocent until proven guilty beyond a reasonable doubt.  

If such is not brought to bear, a decision based on evidence, then what is left but the Plea Bargain. 

What is the Plea Bargain? 

The Plea Bargain is compelling the witness or defendant to self-incriminate.   

How does this work, the Plea Bargain?  

The Plea Bargain begins with the Prosecutors power to determine guilt prior to a trial--even the hearing; this presumption of guilt, combined with the disclosure of the full measure of the law as a sentence, is what compels the witness to plead guilty and thus accept guilt without a trial. In short, the witness generally chooses the lessor of two evils by accepting guilt--without the presumption of evidence and without the completion of Discovery.   

Is this right, the Plea Bargain? 

Given that a defendant is freely given certain rights under the Fifth Amendment

  • The right to a trial 
  • The right to face one's accusers
  • The right not to self-incriminate 
  • The right to be innocent until proven guilty beyond a reasonable doubt
...the answer is, NO, the Plea Bargain is a violation of the Fifth Amendment and therefore is not just, not a true System Of Justice.   

Finally, the Plea Bargain is indeed expedience--not Due Process--whereby the end justifies the means; the Prosecutor presumes--without Discovery--Due Process, where the means justifies the end, is nullified per the Plea Bargain, expedience.  

Our System of Justice is designed and operated as an unjust system; and thus, Lady Justice neither bears the sword of truth or the balance of fair scales, but on the contrary, she openly violates the rights of the defendant everyday in excess of 98% of all criminal cases.  

Tuesday, June 4, 2019

Voltaire – the TYRANT, TYRANNY

On such abuses of power, Voltaire,
The sovereign is called a tyrant who knows no laws but his caprice; who takes the property of his subjects, and afterwards enlists them to go and take that of his neighbors.
To what (form) of TYRANNY do you tolerate, prefer? 
I should less detest the tyranny of a single one, than that of many. A despot has always some good moments; an assemblage of despots, never.
Better to face one than more...many, a cabal or cartel. 

Be ye warned that,
So long as the people do not care to exercise their freedom, those who wish to tyrannize will do so; for tyrants are active and ardent, and will devote themselves I the name of any number of gods, religious and otherwise, to put shackles upon sleeping men. 
From another, not French but English, G. K. Chesterton: 
Of all tyrannies, one sincerely exercised for the good of its victims may be the most oppressive.
And as it is, long predicated by James Madison,
The means of defense against foreign danger has always been the instrument of tyranny at home. 
And he believed that there are more instances of the "abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden [abuses]." 
Heard in silence lately, seen in encroachments, gradual or grandiose? 

For, as I hear and see (again, Mr. Madison), 
The accumulation of all powers, legislative, executive, and judiciary, in the same hands [ ] may justly be pronounced the very definition of tyranny.
 Beware and be weary of those centrists of power who parade as parliamentarians.  

Voltaire – Seeing POWER

POWER is everything; it is the means and the end. 

Does power beget power, abuses?  See Declaration of Independence for historical examples and any public or private action for current ones. 

Power is not necessarily discrete, discretionary.  
Power does not have to hide its actions though it may be more effective when doing so (the element of surprise…shock).   

State power is described as “the long arm” and “the heavy hand”, to mean that its reach is far and its blow, serious and severe.  State or similar forms of power depend on money as a means; first by using force to take others’ money and then additionally by printing and/or issuing money well beyond its base value—if it any has such.  

The more money, the more power. 

Voltaire writes,
Everywhere the weak [loath] the powerful, before whom they cringe; and the powerful beat them like sheep whose wool and flesh they sell.
Are you a sheep…led by a sinister shepherd or worse, a wolf in sheep’s clothing?  

You may know the kind; those who fain victimization but indeed are the perpetrator. 
It is bad enough to face evident powers but worse to go up against those hiding behind a fleece; they who attempt pull the wool over the less than perceptive eye.

Still, and from Voltaire once again,
It is difficult to free fools from the chains they revere.
If it’s not bad enough that some are fooled,  it can only get worse when want to be chained. 

Tyrants are clever and calculated to do some good (or intend to…) amid all the bad as Voltaire describes: 
Tyrants have always some slight shade of virtue; they support the laws before destroying them. 
More to come on the tyrant. 

Saturday, June 1, 2019

Voltaire – made for a purpose

In much messages of life is that all things happen for a purpose; whether a thing or somethings, each and all are purposed as a thing or for something. 

Voltaire seems to believe that,
It is proved...that things cannot be other than they are, for since everything was made for a purpose, it follows that everything is made for the best purpose.
In this frame-of-mind or point-of-view is not only do things happen for a purpose but that 

“...that everything is made for the best purpose.” 

  • What is really meant…? 
  • Was he (or did he) consider the things tragic or tumultuous, death and destruction of one form or another? 
  • Is or was there nothing in his life that came without a purpose, determine and then decided? 

Most likely not….   For life always has mystery where their remains questions as to the basic question, “Why?”  

  • Why did it happen (or why didn’t it)?  
  • Why did (or do) I have to endure pain, sorrow, grief and all sundry of other things that are hard—maybe impossible!”

Among the many through time, much have endured the things righteously undeserving and rightfully undesirable. 

Yes, many suffer much while some seem to skirt the ills of the world through their wealth as power.  Whereas the many suffer, a relative few succeed by some semblance.   

Voltaire – the right question(s)

Voltaire said,
Judge a man by his questions rather than by his answers. 
What does he mean; that questions, inquiry and indecision, are better than answers?  
In keeping with attention and accolade on wonder (rather than perhaps even wisdom, depending…) is the continued desire and determination to learn, to grow and even grapple with knowledge; yet, the reality that,
The more I read, the more I acquire, the more certain I am that I know nothing.
What keeps us on this journey to learn, this never ending and expanding endeavor but to think and believe,
There is so much out there and perhaps true tunes amid all this noise.
To Voltaire, “I don’t know where I am going, but I am on my way.”
After all,
Common sense is not so common.

Voltaire – to be or not to be, good

What is “good”; what represents "a good thing”?  

  • When we share with others (something of value), is this a good thing?
  • When we consider and act-on someone’s needs above our own, is this a good thing? 

Voltaire said,
Every man is guilty of all the good he did not do.
It is when we know what is good (think about it) but fail to act on it given the opportunity; this is perhaps the guilt that Voltaire describes in and among all mankind—whether we actually have guilt or not. 

Sometimes it is the small things that count, if not one than perhaps a series.   

  • For a child or someone with a strong sense of gratitude, small things matter.  
  • For those however who lack gratitude or who are otherwise indulged, such small things go unnoticed if they matter at all.  

A man gives a woman a bouquet of roses and she, for whatever reason, does not in the least appreciate or admire them.  

Another man offers another woman a single flower that he picked amid a field of wildflowers and she is taken, momentarily consumed in this kind, considerate action with all its meaning. 

Why does one appreciate one and the other, not?  

A good thing is not always for good, great, but is finally measured in how well it is received, registered. 

Better to try “good” and be good than to not, presuming rejection and even ridicule.  

Do this good for you—because your heart is good—and not for them alone.