Lawyers Object to the Killing of Drug Dealers in the Philippines

From here:

http://www.nbcnews.com/news/world/philippines-duterte-follows-through-drug-war-n603701

Thirty "drug dealers" have been killed since Rodrigo Duterte was sworn in as Philippine president on Thursday, police said, announcing the seizure of nearly $20 million worth of narcotics but sparking anger from a lawyers' group.
Duterte won the election in May on a platform of crushing crime, but his incendiary rhetoric and advocacy of extrajudicial killings have alarmed many who hear echoes of the country's authoritarian past. He has been nicknamed "The Punisher."
Oscar Albayalde, police chief for the Manila region, said five drug dealers were killed Sunday in a gunbattle with police in a shanty town near a mosque not far from the presidential palace.

Feminist Prosecutor Causes Computer Prodigy to Commit Suicide, Yet May Not be Sued

Repeatedly, the Supreme Court has granted prosecutors absolute immunity from tort liability. This feminist inquisitor took out one of the most talented computer prodigies by her persecutory hounding. All those that believe in prayer should pray for her slow painful death by cancer spreading to her bones in 100 places. This vile feminist lawyer called him a thief, when he was really a liberator of public property. I would support a boycott black list by all product and service providers. As she wants to take down our progress, so should be made to live in the Stone Age by a total boycott. http://www.france24.com/en/20130113-suicide-internet-prodigy-stokes-activist-anger

Proposed New Profitable Prison Industry - Making Barbiturates for Execution Injections

European governments are pressuring drug manufacturers to cut off the states from their barbiturate supplies. This is to impose their abolitionist views on the United States and an attack on US and on state sovereignty.

There are likely many meth amphetamine manufacturers with chemistry training in some state prisons. Barbiturates represent mid-19th Century technology, and should not be challenging to produce. Because no health claims are being made for these products, but they are to be used as intentional poisons, FDA oversight should be avoided.

Here is an example of a recipe: for making a kilogram at a time. DEA oversight seems appropriate to prevent diversion of any supplies or output by prisoners, guards, etc.

Proportioality in the Arithmetic of Sentencing for Fraud and Other Financial Crimes

I have argued that someone who steals $6 million is destroying a constructive economic life, or whatever the consensus value of life is being used. Therefore, the defendant should be executed, summarily, since there is no controversy about the amount.

What about stealing $850,000? That is about an eighth of a human life. If the life expectancy is around 80 years these days, the defendant should serve an eighth of a human life or 10 years. During that time, he should be as productive as possible at whatever occupation, make as much money as he can. Say, he makes $425,000 as a hedge fund trader from prison. He may repay that amount and have his sentence reduced by a half. This person is not being incapacitated because of his physical danger to others, but because of his lack of good judgment and morals. He should do well in the structured setting of the prison.

Why Do Some Jurisdictions Have Low Crime Rates Despite Poverty?

Crime persists when crime pays, and grows when it pays well. The US endures over 20 million FBI Index felonies (murder and non-negligent manslaughter, forcible rape, robbery, aggravated assault; property crimes of burglary, larceny-theft, and motor vehicle theft; and arson), and has only 2 million prosecutions. There is a 90% chance of not being prosecuted after committing these major crimes. If prosecuted, there is over a 90% chance of being charged with a lesser, or even fictitious lesser crime in a plea bargain. In this plea bargain, there is less than a 10% chance of going to prison, depending on the damage caused by the original crime. Thus, when non-violent criminals are set to be released due to prison overcrowding, there is no way to know the released inmate is dangerous, because he may have pled to a non-violent offense.

Prices equalize rapidly today. So the cost of a minimum standard of living for an America lifestyle is the same over the world. So, maintaining a family on $1000 a year is as difficult in India as it is in the US. Such stress pushes people into interdependence and gives the family greater value as a survival tool. Thus the rate of bastardy is lower in places with severe poverty.

One may generalize that the police is not harder working nor more competent than in wealthier areas. The productivity of the police cannot be a factor in areas of extreme poverty.

That leaves only one factor. The amount of self help is much greater than in wealthy areas.

Sex Offenders in Lawyer Neighborhoods

I live in a neighborhood where lawyers live. There were two sex offenders. One lives there, one works there.

I put in a neighborhood where lawyers work. There were 68 sex offenders.

Please, Do Not Call a Defendant Non-Violent Unless ...

Because most sentences result from plea bargaining, the original charge should be used to categorize the charge as violent or non-violent. Inherent in plea bargaining is the lessening of the charge for which the prosecutor has evidence.

Unless people are counting original charges and not the formal charges landing the defendant in prison, calling a prisoner non-violent is misleading.

Sexting Cannot be a Crime

Unless burning down one's house without an insurance claim is. Unless killing one self is. Unless crashing one's care on purpose is. Why the ACLU is taking a complex privacy approach, is a mystery, unless it is to generate lawyer jobs.

Alternative Explanations for the Low Crime Rate

1) Sentencing guidelines adopted by the federal and state governments incapacitated a larger fraction of the male population. The number of downward deviations from guidelines has not grown much. The making of guidelines discretionary for judges took place 5 years ago. It usually takes 10 years for a law to have its full impact. This factor should be assessed in 5 more years.

2) Obesity.

3) Video Addiction.

4) Marijuana consumption.

5) More sex, at a younger age.

Mother Country Has a Drop in Crime Rate

Whatever the causes, they are unknown, and cross national. I think we are talking about video and computer addiction, obesity epidemic, feminist, PC education.

Here .

"There was an unexpected 8% drop in crime recorded by the police in the 12 months to September with falls in burglary, robbery and violence despite the recession, according to the quarterly crime figures (pdf) published this morning.

The Home Office data also confirms that the murder rate in England and Wales has fallen (pdf) to a 20-year low, with 651 homicides in 2008/09 – 102 fewer than the previous year.

The latest British Crime Survey, based on people's experience of crime, also published today, shows that crime was broadly stable over the 12 months to September 2009 in England and Wales. However, it reports that the risk of becoming a victim of crime has fallen to a new historical low of 22%."

The Problem of Innocence in the Death Penalty Debate. Legitimate or Pretextual?

Abolitionists use the rate of innocence on death row as a justification to suspend the death penalty. Governors have suspended the death penalty due to this problem of innocence.


Failure of Criminal Procedure

The idea of executing an innocent person is abhorrent. It represents the failure of the lawyer management of the criminal law. The lawyer is using 13th Century methods and Rules of Evidence. It is possible, no trial has any scientific validity. Daubert standards do apply to the criminal trial. Biggest myth? The adversarial process is a method to reach an answer to a problem. That is from Scholasticism and the 13th Century. There are no reliability statistics, let alone validation statistics for the criminal trial.

To compound the problem of the peole later found innocent, about a quarter had falsely confessed. For all we know, they may even have believed they were guilty after a working over by the police. Even confessions have no validity.

Inconsistency of Abolitionists

If the death penalty should stop because of the rate of innocence, then so should all other procedures with flaws. The abolitionists should not get on any train, plane, bicycle, car or bus. These kill 1000 times as many innocent people as the death penalty kills guilty people, and 5000 times as the death penalty kills innocent people. These cars kill innocent people without any due process. They do so by butchery methods of slicing and dicing bodies with sharp metal edges.

Hypocrisy and Economic Conflict of Interest

The abolitionists use the innocents on death row as a pretext to stop the death penalty for the guilty. Why would anyone advocate for gangbangers, mobsters, and serial killers? Most abolitionists are left wing ideologues. These criminals generate massive government make work for the constituency of the left, government dependent workers.

An Alternative Criminal Justice System, Not Supported by Lawyers

Crimes should be categorized by the harm done. All crime should be strict liability crime, to avoid the unlawful, church derived proof of intent. Then all sentencing should be based on the person, since incapacitation is the sole useful, mature, and valuable aim of the criminal law. This is the view from the taxpayer and owner of the law. The victims and defendants have other interests, but they can buy their own justice systems to pursue those.

Sentencing could look very different. A murderer could be sent home on probation. A shoplifter could be executed. The simplest way to decide on sentencing is to count the convictions and the reliably assessed conduct of the defendant. So the shoplifter's mother is interviewed. She reports, he is the head of an organized illegal alien gang, and has ordered the execution of many people, and is responsible for the homicide of innocent bystanders by his incompetent bomb placements. These statements are corroborated by detectives.

The shoplifting charge stands in for his 100's of crimes, and is an opportunity for incapacitation. He is not being incapacitated for shoplifting but for his character. The death penalty would no longer be viewed as a punishment nor as a deterrent. It would be viewed as social self-defense and expulsion from our world after wearing out its welcome (damages above $6 million is a good line to draw, from the economist derived market value approach to valuing a human life).

This is a scheme that places a priority on public safety. If it does not work, it should be jettisoned. It may work by attrition.

The judiciary should conduct the guilt phase, in an ordinary trial.

The executive would be responsible for the sentencing and for any public safety harm stemming from setting the defendant loose. The sentencing decisions should be made blinded to the race, gender and other characteristics of the defendant. I don't know whether age should be removed from consideration. Age is second to recidivism as a predictor of future crime. Forget the interview of the defendant. That is a waste of time. The victims of the released criminal should be able to sue the officials and the agency that negligently released him. A standard of professional care could apply here rather than a strict liability approach. Otherwise no one would be released.

Every crime statute should be validated as seeking to prevent a big harm, or repealed. Desuetude should repeal the statute automatically. Legal hoaxing violates the Equal Protection Clause. And the false notice of desuetude is a regulatory taking by forcing legal costs.

The lawyer would remain as an advocate at every stage of this scheme. He could not serve as judge, nor as decision maker in the sentencing phase.

The validation of any scheme whether from 1828 or from 2028, is the drop in crime victimization, the sole mature aim of the criminal law. If a scheme does not work, enhance or replace it every 10 years.

Negligent Clemency

Such a new tort would allow clemency to continue. But, it would compensate the future victims of the carelessness of the politicians.

When the Left PC Crowd Runs the Government. the Murder Rate Soars

"It's all Scandinavian talk in an Iraqi reality. Rio is completely schizophrenic. Everybody's very PC – all this violence is seen as coming from some injustice. At the same time, they'd like the favelas to be atomised, à la Buck Rogers, with a Disintegrator."

This is coming to the US.

Hire a Lawyer, Avoid the Death Penalty

This shows the death penalty of today does not have a criminal justice aim. It has a lawyer rent seeking aim.


"Death penalty opponents charge that wealthy defendants who can hire legal counsel are exempt from capital punishment, but that indigent defendants who receive court-appointed counsel are frequently condemned to death. The critique is based on sensational stories, but anecdotes cannot establish a causal relationship. To explore the issue systematically, the current research examines the impact of legal counsel on the District Attorney’s decisions to seek the death penalty and juries’ decisions to impose death sentences against adult defendants indicted for capital murder in Harris County (Houston), Texas from 1992 to 1999 (n=504). Harris County is the largest jurisdiction in the nation to use the appointment method rather than the public defender method to deliver indigent capital defense, though by no means the only such jurisdiction. The empirical comparison of hired counsel to appointed counsel in Harris County reveals three central findings: (1) Defendants who hired counsel for the entire case were never sentenced to death; (2) Defendants who hired counsel for a portion of the case were substantially less likely to be sentenced to death; (3) Hiring counsel is not the province of the wealthy, as almost all of the capital murder defendants in this study were poor. Though not the focus of the research and a finding that must be considered tentative, the data also reveal that defendants who hired counsel for the entire case were much more likely to be acquitted. To be clear, the findings are not an indictment of appointed attorneys, but rather an indictment of the structural deficiencies inherent in the appointment method. The research concludes with a call for Harris County—the capital of capital punishment—to establish a Public Defender Office with a specific Capital Defender Office. Though not a panacea, the public defender method comes much closer to the adversarial ideal of evenly matched partisans doing battle to produce justice."

Hand Wringing Over Totally Painless Executions in Ohio

Senator, If you can use a stamp, you can carry out an execution. This method is endorsed by a bunch of tort lawyers.

http://www.hsinjurylaw.com/library/dangerousdefective-drugsfentanyl-patchconnected-with-deaths-overdoses.cfm

Peel and apply 10 Duragesic (fentanyl) patches anywhere on the body. The latter may be tied down, squirming, and uncooperative. Does not matter. Just stick the patches on. Make it 20 patches. The prisoner may enjoy an opiate high on the way out.

Add 20 clonidine patches in between to enhance the Duragesic patches.

No hand wringing for these victims in the walls of the house of a registered sex offender. These registries are worthless lawyer paper shuffling. These worthless lawyer remedies register and ruin a 10 year old kid pissing on a wall. They fail to slow down a serial killer. This failure mirrors that of the criminal law, with a high false negative and a high false positive, jailing many innocent defendants, and allowing the overwhelming majority of predators to escape punishment and to continue to victimize the public. Escaped victim explains the Sowell method. Punch the lady in the face and drag her into the house.

The False Criminal Conviction of the Innocent Defendant is a Tort

The "beyond a reasonable doubt" standard means there is roughly about an 80% chance the defendant is guilty. The roughly 20% innocence rate on death row corresponds well with that level of certainty. That standard applies to other criminal trials, and to plea bargains, no?

All torts immunities should end, those of the prosecutor, and those of the vile cult criminal on the bench. That a such an appallingly high failure rate, condemning innocents to death, is statutory means;

1) the tortfeasors have scienter;

2) the tortfeasors are doing nothing about it in any systematic manner; meaning they are taking no care whatsoever;

3) the indictment, and the guilty verdict are chattels, making them defective products, and product liability applies;

4) in its successful intended use, the false conviction will harm the innocent defendant, and strict liability applies;

5) the class of similarly situated, falsely convicted defendants justify a class declaration;

6) because freedom, earning ability, property have been taken away, because all criminal sanctions are procedures on the body, the deprivation of procedural due process rights is a constitutional tort, as well as a strict product liability tort, compounding the malfeasance, imagine a unlawful kidnapping.

If these torts take out a state, that would eliminate the cult criminals from the legislature and from the executive office. If the voters want to owe $billions, let them re-elect cult criminals to these highly responsible positions.

If the lawyer believes, torts deter and result in great improvements in products and in services, the criminal justice system is overly ripe for this remedy.

Legalize Adult Pleasures, But License the Buyer

The case for total prohibition is argued at National Center on Addiction and Substance Abuse (CASA). It was founded by Joseph Califano, a Harvard Law School indoctrinated lawyer. The lawyer depends on criminalization for a living, and has an irremediable conflict of interest. The estimated, mostly in health, costs is put at $485 billion in 2005.

*****

President Obama will be the first stoner President. This election saw little criticism of that past drug use, not even by his Republican opponent, a fan of a few adult pleasures himself. Indeed, Obama seems so mellow, he should release the result of his urine screening for illegal drugs. The nation has or is ready to legalize just about all adult pleasures. The problem? We cannot have a duplication of the consequences of smoking and alcohol abuse. How can we make adult pleasure policy logical, coherent, yet prevent a health catastrophe?

As a rule, 90% of people can enjoy most adult pleasures without destructive consequences. Of those who have smoked two packs of cigarettes a day for 50 years, only 1 in 7 will get lung cancer. Experience in other countries implies, availability by legalization will increase not just use, but also addiction, and the health and social consequences, but among the 10% who cannot control the use. In our country, we have seen that opening a casino increases gambling addiction four fold within 50 miles, worse in adolescents. Making adult pleasures illegal has caused great damage to our economy by exporting money to our enemies, by not generating jobs, by not collecting taxes, by costly massive imprisonment, by diverting police from violent offenders, by dropping the value of close in, downtown property for herding crime into usually minority areas, by making large numbers of people lawbreakers, by the hypocrisy of legal alcohol and tobacco, killing 500,000 people a year, and by causing allies to almost become failed states by the enrichment of drug cartels. About half the people in the drug trade die by murder. There is little left to deter them.

How can the majority of users causing no problem be left alone to enjoy their pleasures in moderation, while restricting those prone to addiction, causing problems? Try licensing the buyer.

Licensing the buyer would increase freedom, yet, restrict people not controlling themselves. It would end the hypocrisy of the legality of alcohol and tobacco that kill 100's of 1000's of people a year. There would be no more costly and ineffective Wars on Whatever. Prisons would empty, making room for vicious predators, now attacking people with near immunity. It would grow the economy by an amount now going to terrorists and organized crime gangs, perhaps a $trillion. It would increase tax revenues and may end budget deficits.

At eighteen, one gets an adult pleasure license. Those who already went to rehab at age fourteen would not, nor would those with proven behavioral or mental problems. Everyone asking to buy a drink would have the license verified, like a credit card. The police report a drunk driving offense. The license gets a point. The girlfriend officially reports, she got roughed up when the person was drinking. Another point. An emergency room doctor reports the person fell down the steps, broke an arm, and is legally drunk. The third and final point is registered. The license gets pulled.

Anyone serving alcohol to this unlicensed person is held totally responsible for any future consequence in criminal law and in torts. So, he beats up the girlfriend while drunk again. The buyer goes to jail, and the liquor store clerk does, for the same sentence. The person kills a pedestrian driving drunk. Because serving an unlicensed person is a felony, the death of the pedestrian is a felony murder. The liquor store clerk could get the death penalty. The owner of the liquor store could be held responsible in a lawsuit.

This change should have the support of the majority, and should not get rammed through, as Prohibition was. The change should be tried in small venues, to test for unintended consequences. Then a Constitutional Amendment should enact the change.
What about abuses of the license by government? The Amendment should limit the price of the license to the actual cost to government, such as $1 to verify each purchase. Those who do not indulge in adult pleasures pay nothing for the license.

All records of adult pleasure purchases should be destroyed after 3 months. Only investigators of crimes should have access to them prior to their Amendment mandated destruction, with a court order, after showing probable cause for the search.

Legalization is here, in the case of gambling, cigarettes, alcohol. Prostitution and marijuana smoking are rarely prosecuted. This proposal advocates tighter controls by licensing, to hold back the damage tsunami.

Empirical Support for One-Two-Three Violent Offenses and Dead

The majority of murderers and manslaughterers had prior records. Had they been deceased, a murder would have been prevented.

Abolition of the Death Penalty is a License to Kill

It immunizes all murders after the first.