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Jury Duty (JD)

 

To supplement Chapter 6 Freedmen’s Hospital 24USC§261-270. To safely reduce the US prison population that quintupled from 503,586 detainees (220 per 100,000) in 1980 to a high of 2,307,504 (755 per 100,000) in 2008 before quietly going down to 2,217,947 (693 per 100,000) in 2014. To set an arbitrary legal limit of 250 detainees per 100,000 residents. To ensure search, seizure and arrest warrants are signed by a judge under Rule 4 Fed. Crim. P. To create an all-volunteer jury. To prevent recidivism 100% of the time with a post-conviction Bachelor degree. To develop a pre-release procedure for institutionalized persons to apply for SSI under Sec. 1631(m) of the Social Security Act under 42USC§1383(m). To honor more than 300 economists and 600 churches who petitioned the White House to legalize marijuana and reduce federal spending by $14 billion - >$1 billion in state marijuana taxes and $13 billion force reduction.  To decommission the US Sentencing Commission, FBI, DEA, OJP Community Policing, State and Local Law Enforcement Assistance, US Marshall's Drug and Crime Task Force, and White House Office of National Drug Control Policy (ONDCP) under Art. 2 Sec. 3 of the US Constitution and Slavery Convention (1926). To change the name of the Justice Department Bureau for Alcohol, Tobacco and Firearms (ATF) to Bureau for Firearms and Explosives (FE), Treasury Alcohol, Tobacco, Tax and Trade Bureau (ATTTB) to Alcohol, Tobacco and Marijuana (ATM), and Court of International Trade of the United States (COITUS) to Customs Court (CC) under the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (1956) and XXI Amendment. To amend federal torture statute to comply with Arts. 2, 4 and 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by repealing the phrase “outside the United States” from 18USC§2340A(a) and Exclusive Remedies at §2340B amended so: (1) The legal system shall ensure that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, their dependents shall be entitled to compensation under Art. 14 of the Convention against Torture. To ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2003) to establish a system of regular visits to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. When a person has by a final decision been convicted of a criminal offense and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him under Art. 14 of the International Covenant on Civil and Political Rights. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States under Sec. 1 of the 14th Amendment to the U.S. Constitution.

 

Be it enacted in the House and Senate assembled

 

1st Draft 2004 & 2005, 2nd 31 January 2006, 3rd 30 January 2007, 4th 7 August 2007, 5th 31 January 2008, 6th 25 January 2009, 7th 16 August 2011, 8th MLK day 21 January 2013, 9th 9 February 2014, 10th 9 February 2015, 11th 28 July 2016, 12th 17 January 2018

 

1. Forerunner of the Howard University Hospital, Freedmen's Hospital served the black community in the District of Columbia for more than a century. First established in 1862 on the grounds of the Camp Barker, 13th and R Streets, NW, Freedmen's Hospital and Asylum cared for freed, disabled, and aged blacks.  In 1863, the Hospital & Asylum was placed under Dr. Alexander Augusta (1825-1890), the first African-American to head a hospital. After the Civil War, it became the teaching hospital of Howard University Medical School, established in 1868, while remaining under federal control.  At the time of the American Revolution, the colonies restricted jury duty to white male property holders.  No African-American served on any trial jury in the United States, North or South, until 1860 during a criminal trial in Worcester, Massachusetts.  Women were ineligible for jury service in every state until 1898, when Utah allowed them to be jurors.  Up until 1968, federal jury selection in the United States openly worked to limit jury service to supposedly elite individuals recommended by community leaders.  That year, Congress officially abandoned the “blue-ribbon” jury in favor of the “cross section of the population” jury for the federal system.  In 1978 employment protection was legislated. An All-Volunteer Jury system would eliminate or dramatically reduce the need for people to be excused from work to perform jury duty.  In cases involving violent malum in se (inherently bad crimes, such as murder, rape and assault, jurors should consider the case strictly on the evidence presented, and if they believe the accused person is guilty, they should so vote.  In cases involving non-violent, malum prohibitum (legally proscribed) offenses, including “victimless” crimes such as narcotics possession, there should be presumption in favor of nullification.  Finally, for nonviolent, malum in se crimes, such as theft or perjury, there need be no presumption in favor of nullification, but it ought to be an option the juror considers.  Jury duty should be an all-volunteer service sustained by Federal Work-Study.

 

US Detainee Population and Rate 1980-2014

 

Year

Detainees total

Detainee Population Rate

1980

503,586

220

1985

744,208

311

1990

1,148,702

457

1995

1,585,586

592

2000

1,937,482

683

2002

2,033,022

703

2004

2,135,335

725

2006

2,258,792

752

2008

2,307,504

755

2010

2,270,142

731

2012

2,228,424

707

2014

2,217 947

693

Source: World Prison List 2016

 

2. US Prison population quintupled from 503,586 detainees (220 per 100,000) in 1980 to a high of 2,307,504 (755 per 100,000) in 2008 before quietly going down to 2,217,947 (693 per 100,000) in 2014. 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. Mid-year 2014 there were 744,592 people detained in local jails, and 1,473,355 in state or federal prisons at year-end. The prison population rate was 693 detainees per 100,000 residents at year-end 2014 based on an estimated national population of 320.1 million at end of 2014. In 2013 20.4% of people behind bars were pre-trial detainees 9.3% were female, 0.3% were juveniles, 5.5% were foreign prisoners. There are estimated to be a total of 4,575 penal institutions - 3,283 local jails at 2006, 1,190 state confinement facilities at 2005, 102 federal confinement facilities at 2005. The official capacity of the penal system was 2,157,769 with an occupancy level of 102.7% (2013). At yearend 2014, an estimated 4,708,100 adults were under community supervision down by about 45,300 offenders from yearend 2013. Approximately 1 in 52 adults in the United States was under community supervision at yearend 2014. Between yearend 2013 and 2014, the adult probation population declined by about 46,500 offenders (down 1.2%), falling to an estimated 3,864,100 offenders at year end 2014. Entries onto probation decreased about 1.3% during 2014, and exits declined about 1.0% to an estimated 2,130,700. The adult parole population increased by about 1,600 offenders (up 0.2%) between yearend 2013 and 2014, to an estimated 856,900 offenders at yearend 2014. Both entries to and exits from parole decreased about 1.5% in 2014.

 

State by State Detention 1999, 2005, 2013

 

                    Jurisdiction

 1999 In prison or jail

1999 rate per 100,000 of all ages

2005 In prison or jail

2005 rate per 100,000 of all ages

2013 In

prison

or jail

2013

rate per

100,000

adults

2013

rate per

100,000

of all ages

State

1,714,931

666

2,007,434

679

2,012,400

830

636

Federal

173,059

58

179,220

58

215,100

90

68

U.S. total

1,887,990

724

2,193,798

737

2,227,500

910

704

Alabama

33,157

757

40,561

890

46,000

1,230

951

Alaska

2,837

459

4,678

705

5,100

940

691

Arizona

36,412

761

47,974

808

55,200

1,090

831

Arkansas

15,022

588

18,693

673

22,800

1,010

770

California

239,206

721

246,317

682

218,800

750

569

Colorado

21,043

520

33,955

728

32,100

790

608

Connecticut

16,776

511

19,087

544

17,600

620

488

Delaware

5,958

792

6,916

820

7,000

960

756

District of Columbia

8,226

1,594

3,552

645

2,400

450

369

Florida

119,679

790

148,521

835

154,500

990

788

Georgia

74,500

956

92,647

1,021

91,600

1,220

916

Hawaii

3,479

291

5,705

447

5,600

510

397

Idaho

6,634

531

11,206

784

10,200

860

632

Illinois

61,235

506

64,735

507

69,300

700

537

Indiana

30,025

506

39,959

637

45,400

910

690

Iowa

10,229

356

12,215

412

12,700

530

410

Kansas

12,864

484

15,972

582

16,600

760

573

Kentucky

21,651

546

30,034

720

32,100

950

729

Louisiana

44,934

1,025

51,458

1,138

50,100

1,420

1,082

Maine

2,745

220

3,608

273

3,800

350

285

Maryland

33,650

650

35,601

636

32,700

710

550

Massachusetts

21,796

353

22,778

356

21,400

400

318

Michigan

61,882

628

67,132

663

60,200

790

608

Minnesota

10,765

226

15,422

300

15,700

380

289

Mississippi

18,416

664

27,902

955

28,800

1,270

962

Missouri

32,300

591

41,461

715

44,500

950

736

Montana

3,998

453

4,923

526

6,000

760

591

Nebraska

5,740

344

7,406

421

8,500

600

454

Nevada

14,057

774

18,265

756

19,900

930

712

New Hampshire

3,830

320

4,184

319

4,800

460

362

New Jersey

43,777

536

46,411

532

37,600

540

421

New Mexico

10,330

590

15,081

782

15,500

980

742

New York

104,341

574

92,769

482

81,400

530

413

North Carolina

43,243

564

53,854

620

55,300

730

561

North Dakota

1,520

239

2,288

359

2,700

470

373

Ohio

63,444

565

65,123

559

69,800

780

603

Oklahoma

27,926

825

32,593

919

37,900

1,300

983

Oregon

15,425

464

19,318

531

22,900

740

582

Pennsylvania

63,490

529

75,507

607

85,500

850

668

Rhode Island

3,176

321

3,364

313

3,400

400

322

South Carolina

30,000

772

35,298

830

32,600

880

683

South Dakota

3,581

485

4,827

622

5,300

820

626

Tennessee

35,884

655

43,678

732

48,100

960

740

Texas

204,110

1,014

223,195

976

221,800

1,130

836

Utah

9,239

433

11,514

466

12,500

620

430

Vermont

1,205

203

1,975

317

2,100

410

335

Virginia

48,828

713

57,444

759

58,800

910

710

Washington

24,849

431

29,225

465

29,700

550

425

West Virginia

5,496

304

8,043

443

9,700

660

523

Wisconsin

27,218

519

36,154

653

34,800

780

605

Wyoming

2,338

485

3,515

690

3,800

840

651

 Source: World Prison Brief 2000 & 2005 Wikipedia 2013

 

3. State by State detention statistics were compiled by the International Centre for Prison Studies in 1999 and again in 2005. 2013 state by state statistics are from wikipedia. In 1999 Washington DC, with 8,226 detainees and a population of about 600,000, had the highest rate of incarceration in the world of 1,594 detainees per 100,000 residents. By 2005 that rate is reported to have been reduced to 3,553 detainees (645 per 100,000 residents) and in 2014 to have gone down to 2,040 detainees (369 per 100,000 residents) There appears to have been a political hack by the author of un-congressional Bush v. Gore (2000) to make it appear that Washington DC and Texas had reduced their incarceration rate between 1999 and 2005 although reductions did not begin until 2009 with some increased accountability for 'federal immigration offenders' that only partially explains the reductions. Nonetheless, the District of Columbia and Texas seem to be making an effort to reduce their penal populations to within the legal limit of 250 detainees per 100,000 or national norm of less than 500 detainees per 100,000. The penal population in the state of Louisiana, with the arbitrary detention of Hurricane Katrina Mayor of New Orleans Ray Nagin in 2014 as an example, is reported to have increased from 1995 to 2005 and to have decreased from 2005 to 2013. In 1999 Louisiana held 44,934 detainees (1,025 per 100,000), in 2005 51,458 detainees (1,138 per 100,000), and in 2014 50,100 detainees (1,082 per 100,000 residents of all ages) the last remaining state or territory with a penal population over 1,000 detainees per 100,000 residents of all ages.  1. Since 2010 most states have seen a reduction in their penal population or at least in their rate of incarceration per 100,000 residents. Vermont and few other state known to have made deals with Democrats slightly increased 2005-2013 including Illinois with their Blagojevich budget. It is hoped that these reductions will be continued and accelerated for non-violent offenders serving time in state and federal prison, particularly the non-violent drug and immigration offenders. However, figures pertaining to the rate per 100,000 may be low as the result of not fully taking into account the reductions to the general population that were made by the unprecedented deportation proceedings to remove foreign prisoners and deter unlawful entry that may have resulted in most or all of the statistical reduction in incarceration 2009-2016. Care must be taken in the new administration to safely sustain reductions in federal and state penal population and accelerate release for populations of arbitrary non-violent offenders.

 

4. Deaths in detention. State prison inmates, particularly blacks, are living longer on average than people on the outside. Inmates in state prisons are dying at an average yearly rate of 250 per 100,000, according to the latest figures reported to the Justice Department by state prison officials. By comparison, the overall population of people between age 15 and 64 is dying at a rate of 308 per 100,000, a year.  The Justice Department's Bureau of Justice Statistics reported that 12,129 state prisoners died between 2001 through 2004. For black inmates, the rate of dying was 57 percent lower than among the overall black population - 206 versus 484. But white and Hispanic prisoners both had death rates slightly above their counterparts in the overall population. The death rate among men was 72 percent higher than among women. Nearly one-quarter of the women who died had breast, ovarian, cervical or uterine cancer. Eight percent were murdered or killed themselves, 2 percent died of alcohol, drugs or accidental injuries, and 1 percent of the deaths could not be explained. The rest of the deaths - 89 percent - were due to medical reasons. Of those, two-thirds of inmates had the medical problem they died of before they were admitted to prison. Medical problems that were most common among both men and women in state prisons were heart disease, lung and liver cancer, liver diseases and AIDS-related causes. Four percent of the men who died had prostate or testicular cancer.  Eighty-nine percent of these inmates had gotten X-rays, MRI exams, blood tests and other diagnostic work, state prison officials told the bureau.  State prison officials reported that 94 percent of their inmates who died from an illness had been evaluated by a medical professional for that illness, and 93 percent got medication for it. More than half the inmates 65 or older who died in state prisons were at least 55 when they were admitted to prison.

 

Executions in the United States by State 1976-2016

 

State

Total Executions

Executions in 2016

Executions in 2015

1437

15

28

Texas

537

6

13

Oklahoma

112

 

1

Virginia

111

 

1

Florida

92

1

2

Missouri

87

1

6

Georgia

66

6

5

Alabama

57

1

 

Ohio

53

 

 

North Carolina

43

 

 

South Carolina

43

 

 

Arizona

37

 

 

Louisiana

28

 

 

Arkansas

27

 

 

Mississippi

21

 

 

Indiana

20

 

 

Delaware

16

 

 

California

13

 

 

Illinois

12

 

 

Nevada

12

 

 

Utah

7

 

 

Tennessee

6

 

 

Maryland

5

 

 

Washington

5

 

 

Nebraska

3

 

 

Montana

3

 

 

Pennsylvania

3

 

 

U. S. Federal Gov't

3

 

 

Kentucky

3

 

 

Idaho

3

 

 

South Dakota

3

 

 

Oregon

2

 

 

Connecticut

1

 

 

New Mexico

1

 

 

Colorado

1

 

 

Wyoming

1

 

 

Source: Death Penalty Information Center July 31, 2016

 

5. The death penalty was abolished by the Supreme Court of the United States in Furman v. Georgia 408 U.S. 238 (1972) when it was ruled that the then existing laws governing the use of capital punishment in the USA were unconstitutional. This decision however failed to sway the legislature and the deviant practice was begun again in 1976 and must again be abolished. The number of prisoners on death row has dramatically increased since the death penalty was reinstated in 1978 from 134 to 3,593 in 2001 when 71 people were executed. In 2003 65 inmates were executed, 6 fewer than in 2002. At yearend 2003, 37 States and the Federal prison system held 3,374 prisoners under sentence of death, 188 fewer than at yearend 2002. Of those under sentence of death, 56% were white 42% were black, and 2% were of other races. Forty-seven women were under sentence of death in 2003, up from 38 in 1993.  There is a worldwide trend toward ending the death penalty; during 2004, five countries – Bhutan, Greece, Samoa, Senegal and Turkey abolished it for all crimes. Several countries while retaining the death penalty in law, observed moratoria on executions, including Tajikstan, Kyrgystan, Malawi and South Korea.  China accounted for the majority of executions worldwide. The true frequency of the death penalty is however impossible to track because many of the sentences are carried out secretly. During 2004, more than 3,797 people were executed in 25 countries, including at least 3,400 in China. Additionally, more than 7,000 people were sentenced to death in 64 countries. Iran has the second highest number of executions, at least 159, followed by Vietnam with 64. The United States ranked fourth on the list with 59. Only seven countries since 1990 are known to have executed prisoners who were under 18 years old at the time of the crime - Congo (Democratic Republic), Iran, Nigeria, Pakistan, Saudi Arabia, USA and Yemen. The country which carried out the greatest number of known executions of child offenders was the USA (15 since 1990). In adoption of Art. 6(5) of the International Covenant on Civil and Political Rights of 16 December 1966 the executions of juvenile offenders were abolished in Roper v. Simmons No. 03-633 Argued October 13, 2004--Decided March 1, 2005. Sanchez-Lammas v. Oregon (2006) reported the executions of prisoners who the International Court of Justice had protected by name in Avena and other Mexican National v. USA Judgment No. 128 on March 31, 2004 after the execution of Lagrand Brothers v. USA Judgment No. 104 on June 27, 2001. Art. 6 of the International Covenant on Civil and Political Rights 16 December 1966 states. 1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. 2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide 260 A (III) of 9 December 1948. The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty of 15 December 1989 holds States Parties to Believe that abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights. 

 

6. The right of the people to be secure in their persons, houses, papers, and effect, against unreasonable searches and seizures, shall not violated, an no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized under the Fourth Amendment to the U.S. Constitution. Rule 4 (b)(1)(D) Fed. Crim. P. provides that an arrest warrant must be signed by a judge. A summons must be in the same form as a warrant except that it must require the defendant to appear before a magistrate judge at a stated time and place. (a) Issuance. If the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an offense has been committed and that the defendant committed it, the judge must issue an arrest warrant to an officer authorized to execute it. At the request of an attorney for the government, the judge must issue a summons, instead of a warrant, to a person authorized to serve it. A judge may issue more than one warrant or summons on the same complaint. If an individual defendant fails to appear in response to a summons, a judge may, and upon request of an attorney for the government must, issue a warrant. If an organizational defendant fails to appear in response to a summons, a judge may take any action authorized by United States law.  First Amendment Privacy Protection at 42USC§2000a(b)(2) protects people from unreasonable search and seizure unless, there is reason to believe that the immediate seizure of such materials is necessary to prevent the death of, or serious bodily injury to, a human being.  California was the first state, in 1996, to pass a medical marijuana initiative with 55.6% to 44.4% of the vote. In Washington DC Medical Marijuana was legalized as Initiative 59 and passed with 69% in favor and 31% opposed in November 1998. Alaska Measure 8 passed 57.75% to 43.25% in 1998 legalizing marijuana for use and up to 6 plants of cultivation with a recommendation from a doctor and a receipt proving that the recommendation had been sent with ID to the Alaska Department of Health and Social Services for a license. Washington State Initiative 698 passed 58.76% to 41.34% in 1998. Oregon Measure 67 passed 54% to 46% in 1998 by 1999 over 200 people had paid $150 to get a permit. Arizona Proposition 300 failed 43% to 57% successfully ruling that Arizona doctors did not need to adhere to federal standards to prescribe Schedule I narcotics and hallucinogens. 61% to 39% of the voters in Maine said yes to Question 2 legalizing Medical Marijuana in November 1999 making Maine 8th state to do so. On Nov. 2 2005 Denver, Colorado a measure passed with 54% of the vote, with 46% of voters opposing the legalized possession of up to an ounce of marijuana. Led by the Nevadans for Responsible Law Enforcement, Nevada, where the medical marijuana initiatives passed with 59% of the vote in 1998 and 65% of the vote in 2000, proposed to the public this 2002 in ballot initiative 9 to totally eliminate all fines for the possession of less than 3 ounces of marijuana the initiative lost 39% to 60.7% although subsequent petitions to decriminalize marijuana have met with discrimination, the number of medical marijuana states grew to 17 states and Washington D.C. by 2010. In 2012 Washington and Colorado legalized marijuana for commercial cultivation.  By 2016 20 States and DC have enacted laws to legalize marijuana.

 

20 States and DC Have Enacted Laws to Legalize Marijuana 2016

 

State

Year Passed

Passage

Fee

Possession Limit

Accepts other State Cards

Alaska

2014

Measure 2 (58%)

N/a

1 oz usable; 6 plants (3 mature, 3 immature)

N/a

Arizona

2010

Proposition 203 (50.13%)

$150/$75

2.5 oz usable; 0-12 plants

Yes

California

1996

Proposition 215 (56%)

$66/$33

8 oz usable; 6 mature or 12 immature plants

No

Colorado

2000

Ballot Amendment 64

N/a

1 oz usable; 6 plants (3 mature, 3 immature)

No

Connecticut

2012

House Bill 5389 (96-51 House, 21-13 Senate)

 

One-month supply (exact amount to be determined)

No

District of Columbia

2010

Amendment Act B18-622 (13-0 vote)

 

2 oz dried; limits on other forms to be determined

 

Delaware

2011

Senate Bill 17 (27-14 House, 17-4 Senate)

 

6 oz. usable

Yes

Hawaii

2000

Senate Bill 862 (32-18 House; 13-12 Senate)

$25

3 oz usable; 7 plants (3 mature, 4 immature)

No

Illinois

2014

 

 

Medical use only

 

Maine

1999

Ballot Question 2 (61%)

$100/$75

2.5 oz usable; 6 plants

Yes

Maryland

2014

SB 364

N/a

Less than 10g legal, commercial licensing

N/A

Massachusetts

2012

Question 2 (63%)

 

Les than 1 oz. legal

 

Michigan

2008

Proposal 1 (63%)

$100/$25

2.5 oz usable; 12 plants

Yes

Montana

2004

Initiative 148 (62%)

$25/$10

1 oz usable; 4 plants (mature); 12 seedlings

No

Nevada

2000

Ballot Question 9 (65%)

$200+fees

1 oz usable; 7 plants (3 mature, 4 immature)

No

New Jersey

2010

Senate Bill 119 (48-14 House; 25-13 Senate)

$200/$20

2 oz usable

No

New Mexico

2007

Senate Bill 523 (36-31 House; 32-3 Senate)

$0

6 oz usable; 16 plants (4 mature, 12 immature)

No

Oregon

2015

Ballot Measure 91 (55%)

n/a

8 oz usable at home 1 oz out; 24 plants (6 mature, 18 immature)

No

Rhode Island

2006

Senate Bill 0710 (52-10 House; 33-1 Senate)

$75/$10

2.5 oz usable; 12 plants

Yes

Vermont

2004

Senate Bill 76 (22-7) HB 645 (82-59)

$50

2 oz usable; 9 plants (2 mature, 7 immature)

No

Washington

1998

Initiative 692 (59%)

 

24 oz usable; 15 plants

No

 

7. The principle of non-use of force in Art. 2 (4) of the UN Charter is often called the jus cogens, universal norm, of international law. It states, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations”. This principle may also be called the principle of non-aggression. Art. 51 of Chapter VII of the UN Charter recognizes that the authorization of the use of force is an “inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations”. Under international law in force today, States do not have a right of "collective" armed response to acts which do not constitute an "armed attack”. States are limited in the use of force to a direct and proportional response to the use of force by Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States of America) No. 70 (1986). The Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States 2625(XXV) (1970), adopted by the General Assembly on 24 October 1970, makes it clear that “No territorial acquisition resulting from the threat or use of force shall be recognized as legal”.  Tampering with victim, witness or informant under 18USC§1512 and Obstruction of justice define most police misconduct under Rule 96 of the Manual for Court-Martial in Article 134, as wrongfully influencing, intimidating, impeding, or injuring a witness, a person acting on charges under this chapter, an investigating officer under R.C.M. 406, or a party; and by means of bribery, intimidation, misrepresentation, or force or threat of force delaying or preventing communication of information relating to a violation of any criminal statute of the United States to a person authorized by a department, agency, or armed force of the United States to conduct or engage in investigations or prosecutions of such offenses; or endeavoring to do so. Maximum punishment - dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

 

8. The Public Safety Officers' Benefits (PSOB) provides death, disability, and education benefits to public safety officers and survivors of public safety officers who are killed or injured in the line of duty, or, it must be added, discharged for misconduct such as killing people and terrorism under 18USC§2331. Public Safety Officers' Benefits Improvement Act of 2017 Public Law No: 115-36 of June 2. 20167 amended the Omnibus Crime Control and Safe Streets Act of 1968 Public Law 90–351; 82 Stat. 197 was transferred from Title 42 to Title 34 USC§10101 et seq. by P.L. 115–76 of November 02, 2017. In determining a claimant's eligibility for death or disability benefits, substantial weight must be given to evidence and facts presented by a state, local, or federal agency. The bill establishes a presumption that a public safety officer acted properly at the time of injury or death and that no specified limitation (e.g., voluntary intoxication at the time of injury or death) bars the payment of death or disability benefits under 34USC§10282.  It is recommended that Congress take command of the newfound independence of Title 34 Crime Control and legislate a new chapter pertaining 'Conduct'. The commanding officer non-judicial punishment of the police chief of the offending officer is highly advised - Officer ex. rel. v. Police Chief – Motion for Dismissal. Discipline usually involves reading and writing, re-assignment, paid leave, unpaid leave. Termination of employment requires consideration for the insurance and education benefit claim. Rarely, officers are incarcerated. Law enforcement officers, do not necessarily possess the Bachelor degree, several state studies have shown is needed to quit committing crime and prevent recidivism 100% of the time, to cure recidivism under 34USC§60501. It would raise the bar on law enforcement officers to go to law school, a Bachelor degree minimum might be required of career officers.  Conduct unbecoming an officer. It is unlawful for anyone acting under the authority of state law to deprive another person of his or her rights under the Constitution or federal law under 42USC§1983. The most common claims brought against police officers are malicious prosecution, false arrest (or false imprisonment) and unreasonable/excessive force. 

 

9. In the Federal Government, layoffs are called reduction in force (RIF) actions under 5 CFR Part 351. The spirit and intent of these regulations is guided by the principle of non-use of force. It is left to the President to decommission agencies under Art. 2 Sec. 3 of the US Constitution and Art. 2(4) of the UN Charter, and to be American, it is those institutions of slavery which most need to be peacefully, completely and permanently abolished under Arts. 1 and 5 of the Slavery Convention of 1927 pertaining to the mandatory minimum abolition of the US Sentencing Commission by Blakely v. Washington (2004), unlawful enforcement by the FBI, DEA, Drug and Crime Task Force, State and Local Law Enforcement Assistance grants, Office of National Drug Control Policy and forest labor by Forest Service (FS) arsons under 18USC§81, respectively. It is estimated that the federal government could save $18 billion FY 19 and relieve 80,000 federal officers, 50,000 un-re-assignable FBI and DEA and 30,000 FS arsons, of a century of unacceptable performance under 5USC§4301(3). The Attorney General should agree to joint custody of the US Marshall with the Federal Court to reduce terrorism under 18USC§2331 and appeal to the Supreme Court. The Office of Personnel Management (OPM) may establish further guidance and instructions for the planning, preparation, conduct, and review of reductions in force.  The Justice Department Bureau for Alcohol, Tobacco and Firearms (ATF) needs to change is name to Bureau for Firearms and Explosives (FE) and legislate FE a share of the federal tax revenues generated by the sale of firearms and ammunition and fees for criminal background checks based upon 2.5% annual growth from current spending. The Judiciary needs to change the name of the Court of International Trade of the United States (COITUS) to Customs Court (CC) and the Treasury Alcohol, Tobacco, Tax and Trade Bureau (ATTTB) should legalize marijuana and change its name to Alcohol, Tobacco and Marijuana (ATM) under the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery signed in Geneva on 7 September 1956.

 

10. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws under Section 1 of the 14th Amendment to the US Constitution, repeal the rest. The State shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation under Art. 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984). When a person has by a final decision been convicted of a criminal offense and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice – omnibus crime control and safe street act - the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him under Art. 14 of the International Covenant on Civil and Political Rights (1992). Damages are incurred by claimants, not only as regards their property, rights and interest, but also their person Interpretations of Paragraph 4 of the Annex following Article 179 of the Treaty of Neuilly of 29 November 1919 (Greek Republic v. Kingdom Bulgaria) by the Permanent Court of Justice in No. 3 (1924).  By reason of attitude not in accordance with the Geneva Conventions the government is under obligation to make good to consequence of injury. Thus, every wrong creates a right for the court to rectify with the Case Concerning the Factory of Chorzow A. No. 9 (1927) of the Permanent Court of Justice.  The principle of reparation for damages is provided for in Art. 26 of Declaration on Social Progress and Development 2542 (XXIV) 1969.  The Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States 2625(XXV) (1970) makes it clear: No territorial acquisition resulting from the threat or use of force shall be recognized as legal.  It was held that the essential principle contained in the actual trial of an illegal act is non-repetition and that reparation must, as far as possible, wipe out all the consequences of the illegal act and re-establish the situation which would, in all probability, have existed if that act had not been committed in the Advisory Opinion regarding the Legal Consequences of Constructing a Wall in the Occupied Palestinian Territory No. 131 (2004) of the International Court of Justice.

 

Sanders, Tony J. Jury Duty. Chapter 6. 12th ed. Hospitals & Asylums. 17 January 2018. 125 pgs. www.title24uscode.org/JD.pdf