Re: America’s Injustice System Is CriminalWed Dec 13, 2006 00:21
-------- Original Message --------
Subject: RE: The Frame-Up Factory
Date: Tue, 12 Dec 2006 21:46:35 -0500
RJ, I read Paul Craig Roberts' article this morning, and though I liked it, I thought he missed our criminal justice system's biggest injustice. So I dropped him a note (below).
Dear Mr. Roberts,
Thanks for your article about our criminal injustice system.
You allude to the injustice of the war on drugs and statutes against consensual sex, but don't really describe the injustice.
The true injustice of putting consensual offenders in jail is that they are not, by definition, criminals. The term "crime" as used in our state constitutions, and from which all legal subject-matter jurisdiction springs, always involves real legal victims. To commit a crime, one must first commit a tort against a person (which includes severe breaches of contract).
Blackstone wrote that all crimes involve injury to the person. The jurisdiction of Indiana courts, according to Article 1, Section 12 of its constitution, applies "for every person, for injury done to him in person, property, or reputation." Prosecutors have no legitimate jurisdiction to use our court systems against people who are not at least tortfeasors. Period.
Yet they do. Half of our criminal justice resourses are used against people who are not even tortfeasors. Period.
Thus, the injustice of our system is that it's used against non-criminals, i.e. people it was never intended to judge. As you point out, it's the people putting these non-criminals in jail who are the criminals, but you missed the institutional aspect that our legislatures use our criminal justice systems against people who are merely disfavored instead of really criminal.
Let's you and I agree: only real criminals belong in jail, but non-criminals do not (because courts don't even have legitimate jurisdiction over non-tortfeasors). This, and not prosecutors' overzealousness to which you refer, is the biggest line that legislators and prosecutors criminally cross.
All non-criminals / non-tortfeasors in jail are political prisoners. It is their non-commission of real crimes and their lack of real legal victims that makes them political prisoners. The worst criminal injustice of our system is that there are any political prisoners in our jails and prisons. The second is that some innocent people are wrongly incarcerated as a consequence of its aggressiveness.
I express similar thoughts in a blog entry called "Obvious means overlooked" at http://lpinwbkurt.blogspot.com/2005/02/obvious-often-means-overlooked.html Four years ago, my campaign for local Prosecutor as a Libertarian focused almost solely on the above-described criminal misuse of our criminal justice system.
Thanks again for your article, but please don't miss how legislators and prosecutors have expanded their power over non-criminals and turned them into political prisoners.
Kurt St. Angelo, J.D.
America’s Injustice System Is Criminal by Paul Craig Roberts
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