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 terminate the licenses of all lawyers who are elected or
appointed to public, commercial or social office, a Civil-law Amendment III to
the Annotated United
States Constitution will establish 4 year terms for federal judges, with a
two term limit for justices, and one year term for chief justice, to 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 traffic, divorce, mental illness, substance abuse,
tenant-landlord and small claims, and funeral directors to avoid Probate, 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 appoint a new Attorney General, to
transfer the Justice Assistance Grant (JAG) and other extra-jurisdictional
finance entirely to halfway house programs, primarily financed by up to 7.7% of
the Supplemental Security Income (SSI) program for poor people on probation and
parole, to safely reduce the jail and prison population to less than 250 per
100,000 residents legal limit within a decade.
Be the
Democratic and Republican (DR) prosecution party Dissolved, referred to the
Probation Office
Ninth
Annual Independence Day Brief, 13 August 2011
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and Airmen’s Home has been completely repealed by Pub.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. 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. 55.7 million traffic cases were 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. About $1 trillion passes through the U.S. judiciary
any given year.
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. Book
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. Blakely v. Washington No.
02-1632 of June 24, 2004 eliminated sentencing guidelines schemes and
ordered criminal sentencing to go down, the prison population has inexorably
increases. In Brown,
Governor of California, et al v. Marciana &
Plata et al USSC No.
09–1233 of May 23, 2011 the Court ordered the release of.40,000 prisoners. Liberations to halfway houses needs to be tried around the
nation to enforce 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 penal
corruption, is generally attributed 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, newly subsidized in the 1966 Medicare Act. To this day the DEA needs to change its name
to Drug Evaluation Agency (DEA), terminate international offices, and be
transferred to the Food and Drug Administration (FDA) to be authorized to
inspect all dangerous bio-medical research.
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 a 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 HIV/AIDS virus through South African Customs, COITUS must change their name
to Customs Court to limit their legal practice to detentions at the
border. Most recently the DoJ Office of Violence Against Women created in 1994
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. Not all states use Probate Court but the
Probate jurisdiction is socially defective and should be avoided, the probate
attorney has also been obsolete since a class of educated, licensed and
dignified funeral directors arose to help families deal with the loss of a loved ones during the Civil
War. Under this Chapter graduation from
the National College of Probate Judges (NCPJ) would occur when a licensed
funeral director who forfeits the mental illness jurisdiction to an independent
social worker, is elected. The social
worker elected or appointed 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. Traffic, Divorce, Domestic
Relations, Family, and Tenant Landlord Trials would also greatly benefit from
being judged and advocated, exclusively by licensed social workers. The adversarial system and criminal
associations of the judges and lawyers, complicate and
corrupt civil society. 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
States to employ professionals 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.
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. 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.
Civil Law Amendment
Section
1 The American legal system is a civil-law system based upon written briefs
that cite the civil code and human rights.
Section
2 Federal Judges shall be elected to terms of four years in general elections
in their respective districts.
Section
3 Justices of the Supreme Court shall be limited to two terms.
Section
4 Associate Justices shall choose a new Chief, from amongst themselves, every
year.
Section
5 Government officials convicted of crimes against humanity shall be removed
from office.
Section 6 States shall elect district attorneys.
Section
7 States shall elect licensed social workers to judge divorce, mental illness,
substance abuse courts and ethic committees and licensed funeral directors to
avoid probate.
Section 8 States shall probate and parole criminal offenders to
halfway houses to safely meet international minimum standards of detention
below the legal limit of 250 detainees per 100,000 residents.
Section 9 The death penalty is abolished.
Section 10 Disputes of an international
character shall be adjudicated by the Customs Court in New York City
10. The American
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, as explained in Book 3, Health and Welfare,
and the Third Amendment regulating the quartering of troops with the Civil law
Amendment above. 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. The original text of the
Third Amendment shall be codified in Armed Forces statute and the concept of
quartering soldiers in homes applied to the operation of a halfway house system
that will normalize U.S. penal population below the legal limit of 250
prisoners of 100,000 residents that will be financed with up to 7.7% of SSI for
poor individuals on Probation and Parole.
Sanders, Tony J. Hospitals &
Asylums. Book 2: Attorney General Ethics:
Justice of the Peace Act. 14 August 2011. 8th Ed.
138 pgs. www.title24uscode.org/AGE.doc
Test Questions www.title24uscode.org/agetest.doc