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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1.Title 24 US Code Chapter 2 §41-70 Soldier’s and Airmen’s Home has been completely repealed by Pub.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 Nov. 5, 1990 104 Stat. 1733; Pub. L. 101-189, Div. A, Title Iii, Sec. 347, Nov. 29, 1989, 103 Stat. 1422; Pub. L. 94-454, Sec. 2, Oct. 2, 1976, 90 Stat. 1518 and Aug. 10, 1956, Ch. 1041, Sec. 53, 70a Stat. 641.  The primary objective of this Chapter is to bring the U.S. incarceration rate below the legal limit of 250 detainees per 100,000 so that the American Legal System would no longer be construed as having failed to provide for the equal protection of the laws.  The methods are twofold.  First, convert the American Legal System from a quasi-common law system to a civil law system.  This will lower law school entrance to admit high school graduates and the bar exam to BAs, furthermore civil law relies not upon the precedent of the Supreme Court but the portrayal of the actions of real life people under the civil code.  This will lower law school entrance to admit high school graduates and the bar exam to BAs, furthermore civil law relies not upon the precedent of the Supreme Court but the portrayal of the actions of real life people under the civil code.  Second, not to forfeit judicial independence to international civil law systems this Act goes beyond natural law philosophy for the foolproof implementation of socialist ideals in the legal system by electing licensed social workers to all civil and administrative law judgeships, creating a social division from the judiciary.  This Act may be cited as the Socializing Civil Law Act.

 

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. 

 

Description: http://www.ojp.usdoj.gov/bjs/glance/exptyp.gif

 

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 US to achieve the international norm (250 per 100,000) the total number of local jail, state and federal prison beds must be limited to less than 740,000.  This means that we must release more than half of those people detained. It would be reasonable to expect the national government to purchase more than 25,000 halfway houses a year towards a ten year goal of 250,000 halfway houses with 2.5 million beds, and 24 hour staff with a staff to resident ratio of 3-8 per resident, 500,000 new criminal justice and human services jobs.  1 million jail beds is a good national goal at both ends of the stick – (1) the number of new beds needed by the community correctional houses and (2) the number of prison beds considered to be the legal limit for the USA.  This means the forfeiture of an estimated 1,000 detention facilities nationally and transition to 1.5 million beds in 60,000 new halfway houses supervised by community based corrections programs. 

 

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

Executions since 1976

Estimated Need for Community Beds/Houses

 

US Military

25,000

 

 

 

0 yes

 

 

Federal

179,220

N/a

N/a

58

3

 

1

Maine

3,608

2,063

1,545

273

0

303/12

2

Minnesota

15,422

8,399

7,023

300

0

2,570/102

3

Rhode Island

3,364

N/a

N/a

313

0 yes

677/27

4

Vermont

1,975

N/a

N/a

317

0

417/17

5

New Hampshire

4,184

2,456

1,728

319

0

905/36

6

Massachusetts

22,778

10,159

12,619

356

0

6,782/271

7

North Dakota

2,288

1,344

944

359

0

695/28

8

Iowa

12,215

8,578

3,637

412

 

4,803/192

9

Nebraska

7,406

4,308

3,098

421

3

3,008/120

10

West Virginia

8,043

3,966

4,077

443

0

3,504/140

11

Hawaii

5,705

N/a

N/a

447

0

2,614/101

12

Washington

29,225

16,532

12,693

465

4

13,512/541

13

Utah

11,514

4,775

6,739

466

5,337/214

14

New York

92,769

63,234

29,535

482

 0 yes

44,652/1,786

15

Illinois

64,735

44,669

20,066

507

12 

32,814/1,313

16

Montana

4,923

2,658

2,265

526

2

2,583/103

17

Oregon

19,318

12,769

6,549

531

2

10,223/409

18

New Jersey

46,411

28,790

17,621

532

 0 yes

24,601/984

19

Connecticut

19,087

N/a

N/a

544

 1

10,315/413

20

Ohio

65,123

44,270

19,853

559

19

35,998/1,440

21

Kansas

15,972

9,068

6,904

582

0 yes 

9,111/365

22

Pennsylvania

75,507

41,052

34,455

607

 3

44,409/1,776

23

North Carolina

53,854

36,683

17,171

620

39

32,139/1,286

24

South Dakota

4,827

3,395

1,432

622

0 yes 

2,887/115

25

Maryland

35,601

23,215

12,386

636

5

21,606/864

26

Indiana

39,959

22,392

17,567

637

16 

24,277/971

27

District of Columbia

3,552

N/a

N/a

645

 0

2,175/87

28

Wisconsin

36,154

21,850

14,304

653

 0

22,313/893

29

Michigan

67,132

49,014

18,118

663

 0

41,818/1,673

30

Arkansas

18,693

12,568

6,125

673

27

11,749/470

31

California

246,317

164,179

82,138

682

 11

156,025/6,241

32

Wyoming

3,515

1,964

1,551

690

2,242/90

33

Alaska

4,678

4,613

65

705

0

3,019/120

34

Missouri

41,461

31,000

10,461

715

66 

26,964/1,079

35

Kentucky

30,034

13,273

16,761

720

 2

19,605/784

36

Colorado

33,955

20,317

13,638

728

 1

22,295/892

37

Tennessee

43,678

19,445

24,233

732

 1

28,761/1,150

38

Nevada

18,265

11,155

7,110

756

11

12,225/489

39

Virginia

57,444

31,020

26,424

759

94

38,523/1,541

40

New Mexico

15,081

6,567

8,514

782

 1

10,260/410

41

Idaho

11,206

7,419

3,787

784

 1

7,633/305

42

Arizona

47,974

32,495

15,479

808

 22

33,131/1,325

43

Delaware

6,916

N/a

N/a

820

 14

4,808/192

44

South Carolina

35,298

23,072

12,226

830

 35

24,666/987

45

Florida

148,521

84,901

63,620

835

60

104,054/4,162

46

Alabama

40,561

25,418

15,143

890

34

29,168/1,167

47

Oklahoma

32,593

23,008

9,585

919

79

23,727/949

48

Mississippi

27,902

16,480

11,422

955

 6

20,597/824

49

Texas

223,195

156,661

66,534

976

355

166,024/6,641

50

Georgia

92,647

47,682

44,965

1,021

39

69,962/2,799

51

Louisiana

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 6 Dec. 2005

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