Hospitals & Asylums
Attorney General
Ethics (AGE)
To amend Chapter 2 Soldier’s and Airmen’s Home, the American Legal System has
failed, lawyers are either behind bars or drunk on power, a civil law system
must be instituted by lowering law school entrance to high school graduates and
the bar exam to BA and honorably disbar all lawyers who are elected or
appointed to public, commercial or social office other than judicial, a Justice
of the Peace Amendment to the United States Constitution and this Chapter will
establish 5 year terms for federal judges, with a two term limit for justices,
repeal the constitutional right to bear arms and quartering of troops in people’s
homes, to change the name of prosecutor to district attorney, elect licensed
social workers to adjudicate probate, divorce, mental illness, substance abuse,
tenant-landlord and small claims, to abolish the death penalty, to change the
name of the Drug Enforcement Agency (DEA) to Drug Evaluation Agency (DEA) and
transfer to the Food and Drug Administration (FDA), to change the name of the
Court of International Trade of the United States (CoITUS)
to Customs Court (CC), to change the name of the Office of Violence Against
Women to Office of Women’s Rights and transfer to Social Work Administration
(SWA) when established, to ratify Optional Human Rights Protocols, to transfer
the Justice Assistance Grant (JAG) and other extra-jurisdictional finance
entirely to halfway house programs, to reduce the jail and prison population to
less than 250 per 100,000 residents, to eliminate court filing fees for prose
to benefit the poor
Be the
Democratic and Republican (DR) prosecution party Dissolved
Eighth
Annual Independence Day Brief of 10 July 2010
1.Title 24 US Code Chapter 2 §41-70 Soldier’s
and Airmen’s Home has been completely repealed by Pub. L. 101-510, Div. A, Title Xv, Sec. 1532 of
2. The American Legal
System is only a part of American Society and judicial officers must not allow
their enthusiasm for the law to malevolently intrude into or dominate
society. Lawyers dispute the years in
prison the law is so liberal with by means of briefs. $1
trillion is a good estimate of the economic clout of the US legal system in a
$13 trillion economy. In 2001, the majority of the 93 million judicial cases filed, were
processed by 15,555 state trial courts operating under the supervision of the
county; 13,515 of limited jurisdiction and 2,040 of general jurisdiction,
operated by 29,266 judges. Traffic
court is the most frequently filed of all courts, 55.7 million traffic cases
filed, roughly half of them were heard in traffic courts because the defendant
wished to contest the case or had difficulty paying. 15.8 million cases
were filed with the civil division, the highest settlement was a $28 billion
tobacco product liability tort. 14.1 million criminal cases were filed.
Domestic Relations and Family Courts processed 5.3 million cases. 2 million criminal cases were filed in
Juvenile Courts in 2001. 276,408 cases were filed with the Appellate
Courts. Since the inception of
drug courts in 1989 drug court programs have treated 300,000 drug addicts and
71% of them have either quit or continue to participate in programs. Drug courts have been proven to reduce
recidivism to 4-21% rather 49% for drug offenders who are not professionally
treated. 6
states have developed what they call a unified jurisdiction rather than a
general jurisdiction that permits these courts to hear 88% civil cases rather
than 60% civil cases while dramatically reducing mental health cases.
3. In fiscal 2004 Federal, State, and
local governments spent an estimated $193 billion for police protection,
corrections and judicial and legal activities, a 4% increase over the previous
year. Per capita expenditure across the three government types and criminal
justice functions was approximately $660.
In 2004 the Bureau of Labor
Statistics estimates that there are 2,362,860 people with a legal occupation in
the United States averaging a mean annual salary of $66,780. 1,504,540 people were law enforcement
officers making an average of $54,455 a year, including 450,000 corrections
officers and 75,000 probation and parole officers. 464,250 of these people are
lawyers who make an average of $90,360 per year. 27,250 are
Administrative Law Judges, Adjudicators and Hearing Officers who make an
average of $51,580 per year. 6,260 are Arbitrators, Mediators and
Conciliators making an average of $70,310 per year. 23,150 are Judges,
Magistrates and prosecutors who make an average of $67,150 per year.
175,870 are paralegals and legal assistants making an average of $36,550 per
year. 17,460 are Court Reporters making an average of $38,040.
26,060 are law clerks making an average of $29,280 per year. 38,730 are
Title Examiners, Abstractors and Searchers making an average of $30,880. Chapter 6 directs the retraining of 250,000
corrections officers to community probation and parole to prevent job loss from
the closing of penal institutions and adequately staff community based
corrections programs and cut corrections costs by as much as 25%.
4. The US prison population
quadrupled from 503,586 in 1981 (220 per 100,000) to 2,135,901 in 2004 (710 per
100,000), nearly one prisoner for every legal professional. Of this total
713,990 were in local jails, 1,241,034 in state prisons, 169,370 in federal
prisons and 6,786 in non-secure privately operated facilities. There were 726 prisoners per 100,000 residents. The US prison population was 24% of the 9
million global prisoners although the general US population of 294 million is
only 4.5% of the world’s 6.4 billion population. A considerable amount of the increase is the result of the
sentencing for drug crimes. From
1995 to 2003, inmates in federal prison for drug offenses have accounted for
49% of total prison population growth.
In 2005 Certain states saw more significant changes in prison
population. In South Dakota, the number of inmates increased 11%, more than any
other state. Montana and Kentucky were next in line with increases of 10.4% and
7.9%, respectively. Georgia had the biggest decrease, losing 4.6%, followed by
Maryland with a 2.4% decrease and Louisiana with a 2.3% drop. A record 7 million
people - or one in every 32 American adults - were behind bars, on probation or
on parole by the end of 2005, according to the Justice Department. Of those,
2.2 million were in prison or jail, an increase of 2.7% over the previous
year. More
than 4.1 million people were on probation and 784,208 were on parole at the end
of 2005. Prison releases are increasing, but admissions are increasing
more. Over the past year, the female
population in state or federal prison increased 2.6% while the number of male
inmates rose 1.9%. By year's end, 7% of all inmates were women. Racial
disparities among prisoners persist. In the 25-29 age group,
8.1% of black men - about one in 13 – were behind bars, compared with 2.6% of
Hispanic men and 1.1% of white men. In 2009 state prison population declined
for the first time since 1973, the federal prison population however continued
to rise.
5. Although Blakely v. Washington No.
02-1632 of June 24, 2004 eliminated sentencing guidelines schemes and
ordered criminal sentencing to go down, the criminal justice system and their
puppet unwarranted surveillance Congresses have rediscovered the tyrannical
power of torturing human rights advocates and the prison population inexorably
increases The logical solution is to set
a legal limit of 250 prisoners per 100,000 citizens and dramatically expand the
halfway house system to accommodate lesser offenders, probationers, parolees
and people in need of crime free housing to avoid being convicted of a serious
crime, to achieve this goal. To meet
international minimum standards of detention the US prison population must be
reduced to not more than 250 prisoner per 100,000
citizens- the legal limit -725,000 nationally.
For the
State by State Detention
and Demand for Community Corrections 30.6.2005
|
Rank |
Correction Agency |
Total
Prison Pop. in 1999 |
State
Prison Pop. |
Local
Jail Population |
per
00,000 |
Estimated Need for Community Beds/Houses |
|
|
|
US Military |
25,000 |
|
|
|
0
yes |
|
|
|
179,220 |
N/a |
N/a |
58 |
3 |
|
|
|
1 |
3,608 |
2,063 |
1,545 |
273 |
0 |
303/12 |
|
|
2 |
15,422 |
8,399 |
7,023 |
300 |
0 |
2,570/102 |
|
|
3 |
3,364 |
N/a |
N/a |
313 |
0 yes |
677/27 |
|
|
4 |
1,975 |
N/a |
N/a |
317 |
0 |
417/17 |
|
|
5 |
4,184 |
2,456 |
1,728 |
319 |
0 |
905/36 |
|
|
6 |
22,778 |
10,159 |
12,619 |
356 |
0 |
6,782/271 |
|
|
7 |
2,288 |
1,344 |
944 |
359 |
0 |
695/28 |
|
|
8 |
12,215 |
8,578 |
3,637 |
412 |
0 |
4,803/192 |
|
|
9 |
7,406 |
4,308 |
3,098 |
421 |
3 |
3,008/120 |
|
|
10 |
8,043 |
3,966 |
4,077 |
443 |
0 |
3,504/140 |
|
|
11 |
5,705 |
N/a |
N/a |
447 |
0 |
2,614/101 |
|
|
12 |
29,225 |
16,532 |
12,693 |
465 |
4 |
13,512/541 |
|
|
13 |
11,514 |
4,775 |
6,739 |
466 |
6 |
5,337/214 |
|
|
14 |
92,769 |
63,234 |
29,535 |
482 |
0
yes |
44,652/1,786 |
|
|
15 |
64,735 |
44,669 |
20,066 |
507 |
12 |
32,814/1,313 |
|
|
16 |
4,923 |
2,658 |
2,265 |
526 |
2 |
2,583/103 |
|
|
17 |
19,318 |
12,769 |
6,549 |
531 |
2 |
10,223/409 |
|
|
18 |
46,411 |
28,790 |
17,621 |
532 |
0
yes |
24,601/984 |
|
|
19 |
19,087 |
N/a |
N/a |
544 |
1 |
10,315/413 |
|
|
20 |
65,123 |
44,270 |
19,853 |
559 |
19 |
35,998/1,440 |
|
|
21 |
15,972 |
9,068 |
6,904 |
582 |
0
yes |
9,111/365 |
|
|
22 |
75,507 |
41,052 |
34,455 |
607 |
3 |
44,409/1,776 |
|
|
23 |
53,854 |
36,683 |
17,171 |
620 |
39 |
32,139/1,286 |
|
|
24 |
4,827 |
3,395 |
1,432 |
622 |
0
yes |
2,887/115 |
|
|
25 |
35,601 |
23,215 |
12,386 |
636 |
5 |
21,606/864 |
|
|
26 |
39,959 |
22,392 |
17,567 |
637 |
16 |
24,277/971 |
|
|
27 |
3,552 |
N/a |
N/a |
645 |
0 |
2,175/87 |
|
|
28 |
36,154 |
21,850 |
14,304 |
653 |
0 |
22,313/893 |
|
|
29 |
67,132 |
49,014 |
18,118 |
663 |
0 |
41,818/1,673 |
|
|
30 |
18,693 |
12,568 |
6,125 |
673 |
27 |
11,749/470 |
|
|
31 |
246,317 |
164,179 |
82,138 |
682 |
11 |
156,025/6,241 |
|
|
32 |
3,515 |
1,964 |
1,551 |
690 |
1 |
2,242/90 |
|
|
33 |
4,678 |
4,613 |
65 |
705 |
0 |
3,019/120 |
|
|
34 |
41,461 |
31,000 |
10,461 |
715 |
66 |
26,964/1,079 |
|
|
35 |
30,034 |
13,273 |
16,761 |
720 |
2 |
19,605/784 |
|
|
36 |
33,955 |
20,317 |
13,638 |
728 |
1 |
22,295/892 |
|
|
37 |
43,678 |
19,445 |
24,233 |
732 |
1 |
28,761/1,150 |
|
|
38 |
18,265 |
11,155 |
7,110 |
756 |
11 |
12,225/489 |
|
|
39 |
57,444 |
31,020 |
26,424 |
759 |
94 |
38,523/1,541 |
|
|
40 |
15,081 |
6,567 |
8,514 |
782 |
1 |
10,260/410 |
|
|
41 |
11,206 |
7,419 |
3,787 |
784 |
1 |
7,633/305 |
|
|
42 |
47,974 |
32,495 |
15,479 |
808 |
22 |
33,131/1,325 |
|
|
43 |
6,916 |
N/a |
N/a |
820 |
14 |
4,808/192 |
|
|
44 |
35,298 |
23,072 |
12,226 |
830 |
35 |
24,666/987 |
|
|
45 |
148,521 |
84,901 |
63,620 |
835 |
60 |
104,054/4,162 |
|
|
46 |
40,561 |
25,418 |
15,143 |
890 |
34 |
29,168/1,167 |
|
|
47 |
32,593 |
23,008 |
9,585 |
919 |
79 |
23,727/949 |
|
|
48 |
27,902 |
16,480 |
11,422 |
955 |
6 |
20,597/824 |
|
|
49 |
223,195 |
156,661 |
66,534 |
976 |
355 |
166,024/6,641 |
|
|
50 |
92,647 |
47,682 |
44,965 |
1,021 |
39 |
69,962/2,799 |
|
|
51 |
51,458 |
19,591 |
31,867 |
1,138 |
27 |
40,154/1,606 |
|
|
|
US
Totals |
2,193,798 |
1,259,905 |
747,529 |
737 |
1002
as of |
1,449,633/ 57,985 |
6. The reason for the
extraordinary corruption of the judiciary, that is obstructing the liberty
interests of the American people being detained in record numbers, can be
traced to the establishment of the Drug Enforcement Administration (DEA) in
1973. Playing on the disagreement of the
time between the Strasbourg Agreements of 1675 that banned poison weapons and
1971 that omitted reference to a special class of patents for disease pathogens
and the underlying ill will of the Probate Court, who had just begun to enforce
psychiatric drugs as no self-respecting street drug pusher would, the war on
drugs federalized hypocrisy. The DEA
theology aggravated the judicial superstitions of satan, the prosecutor, and devil, the divorce judge,
to all of health theology, where the social worker is the only sane person,
justice serves as the roof and floor of civil society. To this day the DEA needs to change its name
to Drug Evaluation Agency (DEA), terminate international offices, be authorized
to inspect all dangerous bio-medical research and be transferred to the Food
and Drug Administration (FDA). After a
decade of stagflation in the 1970s, when the death penalty was abolished and
reinstated, in a coup de grace the Department of Health and Human Services
(DHHS) dropped out of the Department of Health Education and Welfare (DHEW)
without achieving their Public Health Department (PHD) and the Customs Court
Act of 1980 totally destroyed the bad reputation of the legal system by
establishing the Court of International Trade of the United States (CoITUS) to subvert free trade and cover up the delivery of
the catastrophic HIV/AIDS virus through South African Customs. To achieve a Public Health Department (PHD)
it is determined that an education division of the Agency of Toxic Substances
and Disease Registry (ATSDR) must be passed to reschedule the Controlled
Substances Act to authorize the armed enforcement of the DEA to prohibit
disease pathogens used in bio-medical research.
CoITUS must change their name to Customs Court
to try the detentions and seizures at the border. Most recently the DoJ
Office of Violence Against Women further incites sexual violence and must be
changed to Office of Women’s Rights or other non-discriminatory name and
ultimately be transferred to a Social Work Administration (SWA) to compliment
the social division of the state courts.
7.
The original sin of the legal system is that the Probate Court who adjudicates
the wills, trusts and estates of deceased people, is metaphorically on
probation for the tyrannical crimes of murder, torture and slavery, and
continues to overtly slave the alleged mentally ill (ami)
in cahoots with psychiatrists from the medical establishment, although suicide
is such a weak claim to leading cause of death,. Not all states use Probate Court but all have
been found to be socially defective not providing more than a half free
will. Under this Chapter graduation from
the National College of Probate Judges (NCPJ)
would occur on the condition that Probate is judged and advocated by a licensed
social worker who forfeits the mentally illness jurisdiction to another
independent social worker judging the Mental Health Court. The social worker elected to judge the mental
health will enforce the "appropriate treatment" test whereby it will
not be possible for patients to be compulsorily detained or enforced medication
if they are able to voice their objection. Divorce
Court, Domestic Relations Court and Family Court and Tenant Landlord Trials
would also greatly benefit from being judged and advocated, if needed,
exclusively by licensed social workers.
The adversarial system and criminal associations of the judges and lawyers, unnecessarily complicate and corrupt these
Courts. To give family troubles due
process and begin to redress sky high divorce rates, broken families and homes
in the United States and Russian Federation it behooves the State to employ
professionals licensed and trained in family affairs and the special needs of
the poor in a manner that is sensitive to their needs and emotions – the 20th
century social worker. The
same concept of social worker judges holds true to Drug Courts so the people
will gradually take back their happiness from the drug problem - poison.
8. The United States has
been slow to adopt the civil law system, characterized by the enactment of a
civil code judges apply the facts to.
Although the codification
of the law dates to the Hammurabi Code (1790 BC) the civil-law system, jus civile, is attributed to have originated in the Roman
Republic, before the beginning of the Empire, in the second century B.C. The Roman system consisted
of an elected praetor, judex appointed
to the case and review of legal questions by upper class jurists. Emperor
Justinian ended reliance upon judicial precedent in the encyclopedic work
commissioned by him, the Corpus Juris Civilis, with the dictum “non exemplis
sed legibus judicandum est”
(decisions should be rendered in accordance, not with examples, but with the
law). A comprehensive statement of the legal principles and rules of private
law, Institutes, was prepared by the
jurist Gaius in the latter half of the second century A.D. Gaius’s Institutes
covering matters ranging from the rights of citizenship and the manumission of
slaves to the preservation of estates and the rules of intestate
succession. In medieval Italy the
jurists, known as glossators, were primarily teachers, members of the law
faculties of the universities, drawn not from the nobility but from the general
public. The Accursian Gloss (1220-1260) totaled over 96,000
commentaries to the entire text of the Corpus Juris
Civilis. During the medieval period two
distinct forms of civil law, canon law and customs, evolved independent of the
judiciary. The Enlightenment was based on a belief in the
fundamental importance of reason as a liberating force in intellectual life and
in how society was organized. The
origins of natural law are several, but the writings of Grotius stand out as
the real starting point in the development of the natural law school. He
advocated ideas such as law being based on human experiences and desires,
particularly the desire for an orderly and peaceful society and the maintenance
of that society based on reason. He supported
the systematic arrangement of legal materials, such as the treatment of
property and obligations, and of specific rules within those systematic
arrangements. Napoleon
regarded the creation of the Code Civil as his greatest achievement, overshadowing
even his great military victories.
9. Civil law entered
the United States rather late and was never fully accepted. The acceptance of a civil law system remains
a breaking point, particularly in the Senate.
The
first official codification of federal laws was the Revised Statutes of the
United States that was enacted in
1873. 69 errors were caught during
publication and another 183 over the next few years. Then in 1919, a team began work on new code
that would encompass all the laws currently in force. In 1920 and 1921 the Code was passed
unanimously in the House but rejected by the Senate. Then, in 1924 after the Senate Committee found
600 alleged errors a compromise was reached on a “twilight zone” whereby the United
States Code self-referentially provided that it is “prima facie” evidence
of the general and permanent laws in force at a given date, except that the
titles that have been enacted as positive law are “legal evidence of the laws
therein contained”, while the Statutes at Large are “legal evidence of
laws”. A shift to
a civil law system would make dramatic changes to the sovereign equality
amongst large and small state enjoyed at the Supreme Court, the status of
lawyers and most of law school. In most, maybe all other
countries, a person may enter law school after completing high school and may
take the Bar exam after earning a baccalaureate degree (BA). Lawyers may of course pursue more advanced
degrees if they aspire to be senior partner, judge, prosecutor or attorney
general. Were
non-lawyers “honorably disbarred” because they had found more pleasant work in
commercial, social and political fields it is estimated the number of lawyers
would decrease dramatically from an estimated 650,000 to probably around
150,000 criminal defense attorneys, prosecutors and judges, to explain the
disrepute their professional has fallen into.
The number of law
schools and law school graduates must increase dramatically, to compensate,
incorporating with the criminal justice major, admitting high school graduates
to law school and BAs to the Bar Exam.
The rationale is that most offenders are young, poor and uneducated and
the purpose of the law degree is to be better than crime, not the people we
write legal briefs about. Ultimately,
for reason to prevail the courts (governments and wealthy) must pay the authors
of relevant prose documents regardless of prior restraint.
Civil Law Amendment
Section
1 The American legal system is a civil-law system.
Section
2 Federal Judges shall be elected to terms of five years in general elections
in their respective districts.
Section
3 Justices of the Supreme Court shall be limited to two five year terms.
Section
4 Chief Justice shall be selected by the Senate with the consent of the
Associate Justices.
Section
5 States shall elect licensed social workers to judge probate, divorce, mental
illness, substance abuse, tenant landlord courts and ethic committees.
Section 6 States shall elect district attorneys.
Section 7 States shall probate and parole criminal offenders to
halfway houses to safely meet international minimum standards of detention.
Section
8 Cases regarding customs and disputes of an international character shall be
adjudicated by the Customs Court in New York City.
Section 9 the death penalty is abolished.
Section
10 Government officials convicted of crimes against humanity shall be removed
from offices of trust.
10. The judiciary and
legal system desperately needs to evolve to one that better promotes the rights
and freedoms essential to a democratic society.
Although, with consent, it would be possible to adopt civil law and
establish term limits for federal judges in the United States Code, to overrule quasi common law rebellion against
reason, a Constitutional Amendment is expedient, furthermore whereas the
reforms powers delegated to the States and people, a Constitutional Amendment
is actually necessary to realize such local reforms. It is therefore proposed in this Chapter to
replace the Second Amendment constitutional right to bear arms with a Balanced
Budget Amendment and the Third Amendment regulating the quartering of troops
with a Justice of the Peace Amendment that would, adopt a civil law system, set
forth term limits for federal judges, a two term limit for justice, ensure that
wills, divorces, mental illness, substance abuse and tenant landlord relations
are adjudicated by social workers, change the name of prosecutor to district
attorney in all jurisdictions in the USA, achieve international norms in prison
population, abolish the death penalty and punish human right violation by
federal officials. Amendment III (1791) states, “No Soldier shall, in times of
peace be quartered in any house, without the consent of the Owner, nor in time
of war, but in a manner to be prescribed by law”. This law is highly abused to torture
dissidents not officially in detention.
The actual practice of quartering soldiers is intrinsic to the
regulation and discipline of the militia, is not necessary and is not a
Constitutional right, but obscure administrative law, that should not be in the
Bill of Rights. Abuse of this power to
quarter troops in private homes, is particularly rampant in the local
judiciaries in defense of their prisoners or contracted by unscrupulous party
politicians. We shall thus quarter the
judiciary in this condemned amendment and rehabilitate the decadent legal
system.
Sanders, Tony J. Hospitals &
Asylums. Chapter 2: Attorney General Ethics:
Justice of the Peace Act. 10 July 2010. 8th Ed.
138 pgs. www.title24uscode.org/AGE.doc
Test Questions www.title24uscode.org/agetest.doc