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To supplement Chapter 6 Freedmen’s Hospital. In 2014, with 2.2 million behind bars the US had more people incarcerated than any other nation, and with 692 detainees per 100,000 residents had the highest rate of incarceration. It is estimated that 50% of arrests are false. Federal sentences for drug offenses are to be reduced after it was held that federal prison had a 50% rate of false imprisonment. In 2016 there were a total of 10,662,252 arrests made for 9,167,220 crimes known to law enforcement agencies, 7,919,035 property crimes and 1,248,185 violent crimes. There are approximately 60,000 criminal jury trials in the United States every year and another 20,000 that are not carried to a verdict. In the rest of the world, there are about 10,000 jury trials a year, with England and Wales accounting for half. The 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. The state prisoner mortality rate (256 per 100,000 state prisoners) was 14% higher than the federal prisoner mortality rate (225 per 100,000 federal prisoners) 2001-2014. The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988) provides three helpful legal principles for overruling false arrest Principle 2 Only Under the Law, Principle 21 Prohibition of Corrupt Investigation and Principle 27 Inadmissibility of Evidence Improperly Acquired. There were 515 justified homicides from legal intervention in 2016, the homicide rate of 1.5 million police officers is 38.6 per 100,000, seven times more than normal 5.3 per 100,000, or 8 per 100,000 for ex-convicts without gun rights, more than twice the 15 per 100,000 risk of a law enforcement officer being killed in the course of duty. Recidivism, re-incarceration within 3 years of release from prison, occurs in 66% of state prisoners, 50% with vocational certificate, 35% with Associate degree, 34% of federal parolees and 0% with Bachelor degree. Undereducated law enforcement and corrections officers must be relieved of command with a generous disability until they have achieved Bachelor degree and are gainfully employed. State payrolls must contribute to the 12.4% OASDI tax and sustain voluntary 6% contributions to State Retirement Programs to be eligible to receive better than $200 disability and $666 retirement. 4-20 week police and corrections academies should be included in the three year law school curriculum. 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 under Art. 14(6) of the International Covenant on Civil and Political Rights (1976). Congress must 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 (1987) by repealing the phrase “outside the United States” from 18USC§2340A(a) and amending Exclusive Remedies at §2340B so: 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.

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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, 13th 2 January 2019

 

1. To supplement Chapter 6 Freedmen’s Hospital 24USC§261-270. 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.  estimated 10 million Africans who were brought to the Americas as slaves beginning in the 15th century.  All told the Civil War took the lives of 364,511 Union and 133,821 Confederate troops (1861-1865) to free approximately 5 million African-American slaves held in unlawful servitude.  By the late 1870s, white segregationists had regained political control over most state governments in the South and had passed “Jim Crow” laws, which legalized inequality between African Americans and whites in all areas of public life. By 1880, less than 10% of African Americans eligible to vote were registered to vote in the Southern states, deterred by expensive poll taxes and bizarre literacy tests, which required that they recite the Constitution from memory.  From 1960-1980 civil rights prevailed however the United States 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, as the result of mandatory minimum sentencing, before quietly going down to 2,217,947 (696 per 100,000) in 2014. 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. The only guidance has been to eliminate mandatory minimum sentencing from the Kennedy Commission as held in Blakely v Washington (2004). Criminal appeals increased from 5% to 28% in 2005 in response to the time-limited relief for non-violent drug offenders, including marijuana, comprising nearly 50% of federal prisoners, in the Booker (2005) decision. Black Americans were incarcerated in state prisons at an average rate of 5.1 times that of white Americans, and in some states that rate was 10 times or more.  The Obama administration has helped to reduce the high rates of incarceration however 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.  Congress has asked the President to sign a bill to reduce the mandatory minimum sentencing for drug offenses that has made the false imprisonment rate of federal judges the same as the false arrest rate of municipal police – 50%. Congress has therefore given to the President that the key to federal prison is to reduce, nullify, and otherwise normalize the mandatory minimum sentence for federal drug offenses, especially legalizing marijuana entirely, because marijuana has no known fatalities.

 

US Detainee Population and Rate 1980-2016

 

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

2016

2,217,947

693

Source: World Prison List 2016

 

2. 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 a occupancy level of 102.7% (2013). 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 states known to have made deals with Democrats slightly increased 2005-2013 including Illinois.  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) 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 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.  The average felony sentence to incarceration (prison or jail) in state courts was about 3 years in 2006, compared to almost 5 years and 6 months in federal courts. Federal felony drug offenders received incarceration terms (7 years and 3 months) that were more than twice the length of incarceration terms of state felony drug offenders (2 years and 7 months). State courts accounted for the vast majority of all felony sentences in the United States during 2006. According to the BJS Federal Justice Statistics Program, federal courts sentenced about 73,000 persons for a felony in 2006, which rep- resented about 6% of the combined state and federal total. State courts sentenced an estimated 1,132,290 persons for a felony in 2006, including 206,140 (or 18% of all felony convictions) for a violent felony. A drug crime was the most serious conviction offense for about a third of felons sentenced in state courts that year.

 

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. The number of federally sentenced prisoners in the Federal Bureau of Prisons (BOP) increased 84% between fiscal year (FY) 1998 and 2012, and the number of drug offenders in federal prison grew 63% during this time. At fiscal yearend 2012, offenders whose most serious offense (as defined by the BOP) was a drug offense accounted for about half (52%) of the federally sentenced prison population. Previous analyses focusing on the growth of the prison population from FY 1998 to FY 2010 have shown that 42% of the growth in the federally sentenced population was due to an increase in the number of drug offenders, and the largest contributor to that growth was length of time served for drug offenses.  Drug offenders comprise about half of federal prison population and sentence length for this subpopulation is the greatest source of federal prison population growth. A study based on 94,678 offenders in federal prison at fiscal yearend 2012 who were sentenced on a new U.S. district court commitment and whose most serious offense (as classified by the Federal Bureau of Prisons) was a drug offense. Almost all (99.5%) drug offenders in federal prison were serving sentences for drug trafficking. Cocaine (powder or crack) was the primary drug type for more than half (54%) of drug offenders in federal prison. Race of drug offenders varied greatly by drug type. Blacks were 88% of crack cocaine offenders, Hispanics or Latinos were 54% of powder cocaine offenders, and whites were 48% of methamphetamine offenders. More than a third (35%) of drug offenders in federal prison at sentencing, had either no or minimal criminal history. Nearly a quarter (24%) of drug offenders in federal prison used a weapon in their most recent offense. The average prison sentence for federal drug offenders was more than 11 years. Across all drug types, crack cocaine offenders were most likely to have extensive criminal histories (40%), used a weapon (32%), and received longer prison terms (170 months). More than half (54%) of drug offenders in the federal prison system had a form of cocaine (powder or crack) as the primary drug type. Methamphetamine offenders (24%) accounted for the next largest share, followed by marijuana (12%) and heroin (6%) offenders. Offenders convicted of crimes involving other drugs (including LSD, some prescription drugs, and MDMA or ecstasy) made up 3% of offenders. From non-violent drug offender statistic alone one can determined that federal judges have a 50% rate of false imprisonment.

 

Federal Prison Population 1980-2016

 

Year

Population

Change

Year

Population

Change

1980

24,640

0

1999

133,689

+11,373

1981

26,313

+1,673

2000

145,125

+11,436

1982

30,531

+4,218

2001

156,572

+11,447

1983

33,216

+2,685

2002

163,436

+6,864

1984

35,795

+2,579

2003

172,499

+9,063

1985

40,330

+4,535

2004

179,895

+7,396

1986

46,055

+5,725

2005

187,394

+7,499

1987

49,378

+3,323

2006

192,584

+5,190

1988

50,513

+1,135

2007

200,020

+7,436

1989

57,762

+7,249

2008

201,668

+1,648

1990

64,936

+7,174

2009

208,759

+7,091

1991

71,508

+6,572

2010

210,227

+1,468

1992

79,678

+8,170

2011

217,768

+7,541

1993

88,565

+8,887

2012

218,687

+919

1994

95,162

+6,597

2013

219,298

+611

1995

100,958

+5,796

2014

214,149

-5,149

1996

105,443

+4,485

2015

205,723

-8,426

1997

112,289

+6,846

2016

192,170

-13,553

1998

122,316

+10,027

Source: BOP

 

5. The Prison Brief for the United States reports that a further 102,338 juveniles were in custodial institutions on October 2002 a further 2,006 in 'jails in Indian country' on 30.6.2002 and 10,323 in immigration facilities and 2,165 in military facilities on New Year's Eve 2003. The number of juvenile detainees increased 63% between 1989 and 1998 and the number may be significantly higher than reported by the International Centre for Prison Studies. On 29 October 1997 the Office of Juvenile Justice and Delinquency Prevention Statistical Briefing Guide reported 106,000 Juveniles in Residential Placement of the 125,805 young persons assigned beds in 1,121 public and 2,310 private facilities nationwide. Of these, 105,790 (84%) met the inclusion criteria for the census. The remaining 20,000 are presumed to be detained in juvenile psychiatric facilities. Subsequently the rate of 102,338 is corroborated for 2002 signifying a 3% decrease in population from 1997-2002.  SAMHSA reports there were an average of 200,000 inpatient psychiatric patients in 1999 and an estimated 100,000 involuntary substance abuse treatment beds at any given time are not counted by the criminal division. The state mental institutions and private psychiatric hospitals have successfully developed community mental health programs to reduce their population from an all-time high of 550,000 in 1950. 2. In 1994, the council, composed of representatives from each branch of military service, adopted a standardized report (DD Form 2720) with a common set of items and definitions. This report obtains data on persons held in U.S. military confinement facilities inside and outside of the continental United States, by branch of service, gender, race, Hispanic origin, conviction status, sentence length, and offense. It also provides data on the number of facilities and their design and rated capacities. The Bureau of Justice Statistics reports that between 2006 and 2007 the number of prisoners under military jurisdiction went down from 1,944 to 1,794 a decline of -7.7%. With a total force declining from 1,384,968 in 2006 to 1,379,551 in 2007 before panicking and going back up until 2010 when it began declining steadily the US military detention rate per 100,000 personnel was 140 in 2006 and 130 in 2007. There is also a population of US military foreign prisoner population that rose as high as an estimated 10,000 entitled to repatriation under Art. 118 of the Third Geneva Convention after 2001. In 2004 DHS apprehended an estimated 1,241,089 foreign nationals. Ninety-two percent were natives of Mexico. There were 58,727 investigations initiated and 46,656 closed for immigration related activities including crime, compliance enforcement, work site enforcement, identity and benefit fraud, alien smuggling, and counter terrorism. ICE detained approximately 235,247 foreign nationals for a minimum of 24 hours. There were 202,842 foreign nationals formally removed from the United States. The leading countries of origin of formal removals were Mexico (73%), Guatemala (4.1%) and Honduras (4.0%). More than 1,035,000 other foreign nationals accepted an offer of voluntary departure. Expedited removals accounted for 41,752 or 21% of all formal removals. DHS removed 88,897 criminal aliens from the United States. The majority of criminal aliens (68,771 or 77%) were from Mexico. President Millard Fillmore's anti-immigrant platform led to the dissolution of both Whig and Know Nothing Parties circa 1850. Migrants workers and members of their families should not be subjected to measures of collective expulsion wherefore Immigration and Customs Enforcement (ICE) or the Republican Party should be abolished under Art. 22 of the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (1990).

 

Executions in the United States by State 1976-2016

 

State

Total Executions

Executions in 2016

Executions in 2015

United States

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

 

6. 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. The federal government has executed three prisoners between 1976 and 2016.  In 2014, there 3,927 inmate deaths in state and federal prisons across the United States. The number of federal prisoner deaths in federal prisons increased 11%, from 400 deaths in 2013 to 444 deaths in 2014. The vast majority of federal prisoner deaths (88%) could be attributed to natural causes. Unnatural deaths— including suicides (4%), homicides (3%), and accidents (1%)—made up less than a tenth of all federal prison deaths. From 2013 (3,479) to 2014 (3,483), the number of deaths in state prisons was relatively stable. Deaths in state prisons declined in both California (down 13%) and Texas (down 7%) from 2013 to 2014. Nearly 9 in 10 (87%) state prisoner deaths were due to illness in 2014, with more than half of those caused by either cancer (30%) or heart disease (26%). From 2013 to 2014, the number of AIDS-related deaths increased 23% and the number of deaths due to a respiratory disease increased 20%.  Suicides increased 30% from 2013 to 2014 after a 6% decrease from 2012 to 2013. Suicides accounted for 7% of all state prison deaths in 2014—the largest percentage observed since 2001. Accidental deaths and deaths due to drug or alcohol intoxication (withdrawal) were recorded as the cause of death in about 1% of state prison deaths in 2014. The state prisoner mortality rate (256 per 100,000 state prisoners) was 14% higher than the federal prisoner mortality rate (225 per 100,000 federal prisoners) 2001-2014. The federal prison is safer than outside, while the state prison is more dangerous. In 2015 the under 65 death rate was 239.8 per 100,000 and total death rate 781.4 per 100,000 while the over 65 death rate was 4,392.5 per 100,000.  tate 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% 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% died of alcohol, drugs or accidental injuries, and 1 percent of the deaths could not be explained. The rest of the deaths – 89% - 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% of their inmates who died from an illness had been evaluated by a medical professional for that illness, and 93% 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.

 

Estimated Number of Arrests, 2016

 

Total

10,662,252

Murder and non-negligent manslaughter

11,788

Rape

23,632

Robbery

95,754

Aggravated Assault

383,977

Burglary

207,325

Larceny-theft

1,050,058

Motor vehicle theft

86,088

Arson

9,812

Violent Crime, subtotal

515,151

Property Crime, subtotal

1,353,283

Other Assaults

1,078,808

Forgery and Counterfeiting

56,661

Fraud

128,531

Embezzlement

15,937

Stolen property, Buying, Receiving, Possessing

93,981

Vandalism

195,951

Weapons; Carrying, Possessing, Etc.

156,777

Prostitution and Commercialized Vice

38,306

Sex Offenses (Except Rape and Prostitution)

51,063

Drug Abuse Violations

1,572,579

Gambling

3,705

Offenses Against the Family and Children

88,748

Driving Under the Influence

1,017,808

Liquor Laws

234,899

Drunkenness

376,433

Disorderly Conduct

369,733

Vagrancy

24,851

All Other Offenses

3,254,871

Suspicion

576

Curfew and Loitering Law Violation

34,176

Source: FBI Uniform Crime Reporting Program Table 18

 

7. It is estimated that 50% of all arrests are false. The Uniform Crime Reporting (UCR) Program was conceived in 1929 by the International Association of Chiefs of Police to meet the need for reliable uniform crime statistics for the nation. In 1930, the FBI was tasked with collecting, publishing, and archiving those statistics. Today, four annual publications, Crime in the United States, National Incident-Based Reporting System, Law Enforcement Officers Killed and Assaulted, and Hate Crime Statistics are produced from data received from over 18,000 city, university/college, county, state, tribal, and federal law enforcement agencies voluntarily participating in the program. The crime data are submitted either through a state UCR Program or directly to the FBI’s UCR Program. The concept of offenses known was adopted in 1929 by the International Chiefs of Police as the data that would be collected in the UCR Program. The aim was to get a true sense of crime in the nation, not just how many arrests were made. The Hierarchy Rule, requires that only the most serious offense in a multiple-offense criminal incident be counted. The UCR estimated a total U.S. Population of 323,127,513 in 2016. In 2016 there were estimated to be a total of 10,662,252 arrests made for 9,167,220 crimes known to law enforcement agencies, 7,919,035 property crimes and 1,248,185 violent crimes. 10 million people are reported to be released and around 2.4 million remain incarcerated in jails and prisons in the United States, any given day. In 2016 is can be estimated that about 50% of arrests were false, assault or torture, 2 million arrests for drugs, drunkenness and 24,000 for vagrancy.  Neither the Law Enforcement Code of Conduct (1979) or Basic principles on the use of force and firearms (1990) pays any attention to: Art. 14(6) of the International Covenant on Civil and Political Rights (1976) 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.  The torture confession of International Association of Chiefs of Police in 1979 was charged with compensation under Art. 14 of the Convention against Torture, Cruel Inhuman and Degrading Punishment or Treatment (1988).  The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988) begins to provide several legal principles to redress false arrests. Principle 2 only under the law, holds prosecutors accountable for the accuracy of their legal citation.  Principle 21 Prohibition of Corrupt Police Investigation.  Principle 27 Inadmissibility of Evidence Improperly Acquired. Non-compliance with these principles in obtaining evidence shall be taken into account in determining the admissibility of such evidence against a detained or imprisoned person.

 

8. Basic Principles for the Treatment of Prisoners (1990) finally recognized the International Covenant on Civil and Political Rights (1976).   The term "enforced disappearance" is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty in Declaration on the Protection of All Persons from Enforced Disappearance (1992) that respects Commons Articles 1 and 3. a. Common Article 1 of the International Covenant on Civil and Political Rights of 23 March 1976 and the International Covenant on Economic, Social and Cultural Rights of 3 January 1976 provide: (1) All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. (2) All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. b. Art. 3 of all four of the Geneva Conventions of 1949, state: Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, prohibiting; (a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) Taking of hostages; (c) Outrages upon personal dignity, in particular humiliating and degrading treatment; (d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.  The right to non-self incrimination is grounds for legal assistance under the Convention on Legal Aid and Legal Relations in Civil, Family and Criminal Cases (1993). Law colleges have advised the public to retain a lawyer to have the prosecutor drop the charges instead of being invariably arrested responding to a request to come to the police station for questioning.  The Guidelines on the Role of Prosecutors (1990) provides. Guideline 14. Prosecutors shall not initiate or continue prosecution, or shall make every effort to stay proceedings, when an impartial investigation shows the charge to be unfounded. Guideline 15. Prosecutors shall give due attention to the prosecution of crimes committed by public officials, particularly corruption, abuse of power, grave violations of human rights and other crimes recognized by international law and, where authorized by law or consistent with local practice, the investigation of such offenses. Guideline 16. When prosecutors come into possession of evidence against suspects that they know or believe on reasonable grounds was obtained through recourse to unlawful methods, which constitute a grave violation of the suspect's human rights, especially involving torture or cruel, inhuman or degrading treatment or punishment, or other abuses of human rights, they shall refuse to use such evidence against anyone other than those who used such methods, or inform the Court accordingly, and shall take all necessary steps to ensure that those responsible for using such methods are brought to justice. Miranda v. Arizona, 384 U.S. 436 (1966) Held: The prosecution may not use statements, whether exculpatory or inculpatory, stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination.

9. Several state studies have shown that no one with a Bachelor degree was a recidivist. Recidivism is defined as re-incarceration within 3 years of release from prison, occurs in 66% of state offenders, 50% in those who earned vocational certificates, 35% in those with an Associate degree and 0% in those who earned a post-conviction Bachelor degree.  Authorization to make arrests and carry a firearm conferred by 4-20 week long police and corrections academies burden the Court. It seems best to believe that 50% of arrests are false, no matter what level of educational attainment the prosecutor. There are an estimated 2 million law enforcement and corrections officers authorized to make arrests and carry a firearm in the United States. Crime Control and Law Enforcement was transferred to Title 34 of the United States Code 34USC§10101 et seq. from Title 42 by P.L. 115–76 on November 02, 2017.  Due to the serious threat of recidivism, tortious police misconduct by undereducated law enforcement officers must result in their immediate termination of employment by the police chief. Undereducated police officers must be swiftly terminated for misconduct and given disability insurance until they have achieved a Bachelor degree and are gainfully employed, without rush. With 515 justified homicides from legal intervention in 2016, the homicide rate of 1.5 million police officers is 38.6 per 100,000, seven times more than normal 5.3 per 100,000, or 8 per 100,000 for ex-convicts without gun rights, and more than twice the 15 per 100,000 risk of a law enforcement officer being killed in the course of duty, law enforcement is too dangerous and fundamentally criminal to continue to fail to require that all law enforcement and corrections officers have attained at least the Bachelor degree it takes to competently receive instruction from the Court. State employees must begin to pay the 12.4% Old Age, Survivor and Disability Insurance (OASDI) payroll tax to get better than $200 a month disability, probably more than $1,000 a month disability, and be eternally safe from random $666 a month retirement decisions and insufficient funds. Due process of the obsolescence of the voluntariness of the 6% state employee retirement programs is needed under Title I of the Social Security Act. To justify sustaining high law college enrollment rates, it is necessary that law colleges include 4-20 week police and correctional academy into their three year curriculum. As of 2016, there are 1,315,561 Licensed Lawyers in the United States of America. To improve employment prospects on graduation from law school, it is recommended that law schools include 4-20 week police and correctional programs, in their three-year curriculum. Having saturated the courts with standing juries of public defenders, academy certified lawyers should be preferentially employed as police and corrections officers. )nline Bachelor degree programs funded by student loans must be offered to all defendants, especially those sentenced to a lengthy period of incarceration in prison.

 

10. Anti-Slavery International estimates that in the world today there are some 20 million adults subjected to slavery or slave like treatment or punishment as reported by UNESCO. Struggles Against Slavery: International Year to Commemorate the Struggle against Slavery and its Abolition. 2004. The International Centre for Prison Statistics estimates there were 11 million adult criminal detainees worldwide in 2015. There are more than 2.2 million prisoners in the United States of America, more than 1.65 million in China (plus an unknown number in pre-trial detention or ‘administrative detention’), 640,000 in the Russian Federation, 607,000 in Brazil, 418,000 in India, 311,000 in Thailand, 255,000 in Mexico and 225,000 in Iran. The world prison population rate, based on United Nations estimates of national population levels, is 144 per 100,000. The countries with the highest prison population rate – the number of prisoners per 100,000 of the national population – are Seychelles (799 per 100,000), followed by the United States (698), St. Kitts & Nevis (607), Turkmenistan (583), U.S. Virgin Islands (542), Cuba (510), El Salvador (492), Guam - U.S.A. (469), Thailand (461), Belize (449), Russian Federation (445), Rwanda (434) and British Virgin Islands (425). However, more than half of all countries and territories (55%) have a prison population rate of below 150 per 100,000.  It is held that the legal limit is 250 detainees per 100,000 residents.  in Africa the median rate for western African countries is 52 whereas for southern African countries it is 188. In the Americas the median rate for south American countries is 242 whereas for Caribbean countries it is 347. In Asia the median rate for south central Asian countries (mainly the Indian sub-continent) is 74 whereas for central Asian countries it is 166. In Europe the median rate for western European countries is 84 whereas for the countries spanning Europe and Asia (e.g. Russia and Turkey) it is 236. In Oceania the median rate is 155.  The United States has a duty to abolish the death penalty and reduce the penal population to within the legal limit of 250 detainees per 100,000 residents.

 

Sanders, Tony J. Jury Duty. Chapter 6. 13th ed. Hospitals & Asylums. HA-2-1-19. 165 pgs. www.title24uscode.org/JD.pdf