Hospitals & Asylums
Jury Duty (JD)
To supplement Chapter 6 FreedmenÕs 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 Òoutside the United StatesÓ 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.
.
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 FreedmenÕs 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 ÒJim
CrowÓ 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
Ð 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 Ð 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 deathsÑ including suicides (4%), homicides (3%), and accidents (1%)Ñmade 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 2014Ñthe 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 Ð 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 FBIÕs 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. 115Ð76 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 Ôadministrative detentionÕ),
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 Ð the number
of prisoners per 100,000 of the national population Ð 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