From: "Attila T. Hun" <attila@hun.org>
Date: Fri, 3 Oct 1997 01:30:16 +0800
To: "S. M. Halloran" <cypherpunks@cyberpass.net>
Subject: Re: Mr. Policeman is Your Friend
In-Reply-To: <199710020639.IAA23181@ankara.duzen.com.tr>
Message-ID: <19971002.171414@hun.org>
MIME-Version: 1.0
Content-Type: text/plain



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on or about 971002:0941 
    "S. M. Halloran" <mitch@duzen.com.tr> purported to expostulate:

    [snip - part of original text follows at the end of new message]

    the US initiated "Civil Rights" legislation at the
    Federal level to deal with the abuse of a persons
    liberty. It has been used many ways, but its original
    intent was to be able to charge, convict, and punish
    racist miscreants in the South for murdering Civil
    Rights activists who would walk scott free when tried
    for murder as white juries would not convict them
    (twelve "good" men unanimously). The statue was
    effectively retroactive. 

    another perfect example, although I personally think
    poorly applied as I knew the Sergeant who was scapegoated
    when they convicted the animal who deserved it:  The
    Rodney King case.  A suburban white jury not-guiltied
    the four officers, except one "hung" count on the
    animal. The Feds stepped in and charged them with Civil
    Rights violations.

    for a hilarious exposition on impartial juries, read
    Mark Twain's Virginia City writings. 

    The animal and the Sergeant were convicted; the judge
    sentenced them to 30 months or something; the Feds
    appealed since it was less than the guidelines, and the
    appeals court sent it back for resentencing; the judge
    repeated the sentence; by this time they were free
    anyway.  The argument on the sentence is probably still
    going on... <g>

    however, specifically to your question of an additive
    sentence for a person operating under the colour of law:
    no --except, the prosecutor could file additional 
    charges of 'operating under the colour of law' --and the
    judge could specify that the sentence for that violation
    is to run after the others which would extend the time
    (often referred to as "running wild").

    The remedy is there; the difficulty is in getting it
    applied unless the case is notorious. 

    and, it provides for penalties ranging all the way to 
    the death penalty.  a very comprehensive, catch-all law
    which is rarely applied equally.  

    another great American legal innovation which is even 
    more of travesty: RICO --Racketeering Influenced 
    Corrupt Organizations.  it only takes 3 in the 
    conspiracy to invoke it, and by itself it has a 
    mandatory 20 years no parole; if it is 6 or more people,
    it is life without parole. 

    common law no longer exists in the US. the courts are 
    all Admiralty Courts where the only habeus corpus you
    have is what the court might gratuitously grant you.
    FDR sold the country into legal bankruptcy on 9 Mar 33
    pledging all Americans and their property as collateral.
    Bankruptcy is a contract matter, and as such is not 
    subject to common law.  Americans live by being licensed
    to exist --the license starts with the social security 
    number which is now required to be issued at birth.

 --
 "When I die, please cast my ashes upon Bill Gates. 
     For once, let him clean up after me! " 
 ______________________________________________________________________
 "attila" 1024/C20B6905/23 D0 FA 7F 6A 8F 60 66 BC AF AE 56 98 C0 D7 B0 

+I have a question:  has any jurisdiction (local, state, federal) in 
+the U.S. resolved the hyprocrisy--maybe better to phrase "double 
+standard"--wherein citizens who commit crimes against persons who 
+perform duties under the color and badge of authority--namely the 
+police--are charged with additional offenses specific for crimes 
+against govt officers--but govt officers who commit crimes against 
+citizens while in the performance of duties under the color and badge 
+of authority would suffer the same penalty as citizens who commit 
+crimes against "just" citizens?   --

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