Tag Archive: Prosecutorial Abuse


Supreme Court Expands Police Power To Seize Your Assets Before Conviction

 

 

 

” It’s been a banner week for law enforcement at the U.S. Supreme Court. On Tuesday, in the case of Fernandez v. California, the Court broadened the power of the police to conduct warrantless home searches. But it was a decision handed down on Monday that’s likely to have the greatest impact on our criminal justice system.

  At issue in Monday’s ruling in Kaley v. United States is an area of the law known as asset forfeiture. In essence, asset forfeiture is designed to help law enforcement officials seize the ill-gotten fruits of criminal activity, such as cash, cars, or homes. To that end, prosecutors are permitted to freeze the assets of criminal suspects during trial if there is probable cause to believe those assets constitute “proceeds” of the alleged criminal activity. Notice that this freezing occurs before the suspect has been duly convicted.”

 

   Statism continues it’s long march with the aid of the very self-same courts that are supposed to protect our rights . Does anyone doubt that the deck has come to be stacked against the private citizen when the highest court in the land continually comes down on the side of Leviathan ? There comes only one more method of recourse .

   The legislative branch has forsaken the people , the executive branch has forsaken the people and now the judicial branch has forsaken the people . Scalia , Thomas and Alito sided with the State on asset forfeiture and  Alito , Roberts , Thomas , Scalia all voted to broaden the warrantless search rules for the State … For Shame . What happened to their “strict construtionalism” ?   What to do , what to do ? 

   Perhaps the most surprising thing of all is that Sondra Sotomayer was the only justice to comer down on the side of liberty in both cases . Read more at Reason.

 

 

 

 

 

 

 

How The Drug War Disappeared The Jury Trial

 

 

” The criminal jury trial is a vital check against prosecutorial excesses, police misconduct, and arbitrary state power. But over the last three decades, criminal justice policy has transferred enormous amounts of power to prosecutors and away from juries and judges. Judges once had wide discretion in weighing the facts and circumstances of each case prior to sentencing. Mandatory sentencing laws give control of sentencing proceedings to prosecutors instead, leading one federal judge to describe the process of sentencing someone to years in prison as having “all the solemnity of a driver’s license renewal and [taking] a small fraction of the time.”

  Prior to 1980, the percentage of cases resolved by guilty pleas was anything but consistent. But since then the trend has risen sharply from seventy-seven percent to, according to a recent Supreme Court case opinion, “[n]inety-seven percent of federal convictions and ninety-four percent of state convictions are the result of guilty pleas.

  The prosecutor alone chooses whether to charge the accused, which charges to file, whether to drop charges, and whether or not a plea on lesser charges will be offered, outside of any judicial oversight. These unilateral discretionary decisions “often predetermine the outcome of a case since the sentencing judge has little, if any, discretion in determining the length, nature, and severity of the sentence.” This results in radically different sentencing outcomes between the sentence a defendant receives who loses at trial compared to one who pleads guilty.”

 

Read on

 

 

 

 

 

 

 

A Dagger At The Heart Of Justice 

 

 

 

” Just when I thought the George Zimmerman “trial” couldn’t sink any lower, the prosecutorial limbo dancers of the State of Florida magnificently lowered their own bar in the final moments of their cable-news celebrity. In real justice systems, the state decides what crime has been committed and charges somebody with it. In the Zimmerman trial, the state’s “theory of the case” is that it has no theory of the case: might be murder, might be manslaughter, might be aggravated assault, might be a zillion other things, but it’s something. If you’re a juror, feel free to convict George Zimmerman of whatever floats your boat.

Needless to say, even in a nutso jurisdiction like Florida, the crime of “child abuse” was never intended to cover a wizened old granny kicking the ankle of the punk who’s mugging her a week before his 18th birthday. But, if Aggravated Pedophilia is what it takes to fry that puffy white cracker’s butt, so be it. If, for the purposes of American show trials, an Hispanic who voted for a black president can be instantly transformed into a white racist, there’s no reason why he can’t be a child abuser, too.”

 

Read The Whole Thing

— 

Secret Service Accused Of Misconduct In Aaron Swartz Case

 

 

 

” The former girlfriend of computer hacker Aaron Swartz is lashing out at the US Justice Department after Attorney General Eric Holder defended the prosecution that some say drove the prodigy into committing suicide.

Swartz took his own life in January while waiting to stand trial in a federal computer fraud case that could have ended with him serving upwards of 35 years in prison. Earlier this week, Attorney General Holder said the suicide was a“tragedy” but that the prosecution was indeed by the books.

 

“Eric Holder and the Department of Justice are clearly trying to mislead the Senate and the public,” she says. “Holder claims that Aaron was only facing months in prison while [Assistant US Attorney Stephen] Heymann and [US Attorney Carmen] Ortiz were actively pursuing a penalty of seven years if the case went to trial. If you believe you’re innocent, you should not be coerced into accepting a plea bargain that marks you as a felon for life, just because prosecutors want to boast about taking a scalp.” “

 

 

 

—-