Executive Summary, Your Probable Imprisonment Reaches Alarming Rate

Executive Summary
 Your Probable Imprisonment Reaches Alarming Rate

The Problem, The Cause, and The Solution
 Published on: May 2, 2023

The Problem.

• You have a 1 in 3 probability of getting a criminal record.
• An average person commits up to 3 felonies a day without knowing it.
• U.S. Code is so enormous it would take 25,000 years to read if you read 700 pages a week.
• You are responsible for following every U. S. Code even though you were never notified of the law.
• America has the largest prison and jail population in the world.
• America has 20% of the world’s prison population, yet only 5% of the world’s population.
• America, “the former land of free,” significantly leads all Communists, Islamic, Dictatorships, and other countries in incarcerating its people.
• The United States incarcerates its people five times that of NATO countries as shown below:
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• Holding hands, Americans with arrest records could circle the earth three times.
• More Americans have a criminal record than a college degree.
• Rights to defend yourself enumerated by the Constitution’s Sixth Amendment near extinction.
• Prosecutors are the most powerful officials in the American criminal justice system.
• In 97% of cases, citizens lost their Sixth Amendments rights.
• 65% of the 181,000 veterans incarcerated in prisons and jails saw combat.
• 55% of incarcerated combat veterans struggle with post-traumatic stress or traumatic brain injury.
• Government left majority of incarcerated Americans in prison during COVID-19 and violated government demands for social distancing, quarantines, and increased healthcare. 
• 6 out of 10 Americans in State Prisons are brown or black.
• 6 out of 10 Americans in Federal Prisons are white.
• FBI reported arrests for 2020 are 32% aged 26 to 35, 73% male, 27% female, 68% white, 27% black, 5% other or unknown races.
• Numerous scholars have examined plea bargaining and estimate up to 27% of Americans who plead guilty may actually be innocent.
• Nearly half of the black males and almost 40 percent of white males are arrested by age 23. 
• African Americans convicted of murder are 50% more likely to be innocent than other convicted murderers.
• Over 5 million Americans were forbidden from voting in 2020 due to a felony conviction.
• Most crimes reported to the police go unsolved.

Most of this alarming data was compiled by reliable sources before America had open borders and significantly fewer illegals.  The probability exists the figures will substantially grow with various mandates threatening prosecutions, political persecutions, domestic terrorist prosecutions, and other new cases following these new case precedents.

The Florida Problem. (The so-called “free state”)

• The Florida Department of Corrections is the largest agency in the state and the third largest state corrections system in the United States. 
• Florida’s 2021 incarceration rate is higher than national average, with 367 per 100,000 compared to the national average of 300 per 100,000.
• The State of Florida incarcerates its people more than NATO Countries. 
• To enlarge this graph, click here. 
  
• Florida’s black-to-white imprisonment ratio is higher than national average, with ratio: 4.1
• Duval County’s population is 4.5% of the State, but Duval’s inmate population is nearly double with 8% of the State Prison population.
•  Florida is shown with the lowest number of 2021 crimes committed in the U. S., but studies show the State reported only 0.3 percent of its crime data to the FBI.  
• Failure to understate crime data could create mistrust in Florida reports.

(Other State’s data to follow soon)

Grand Jury Indictment Abuse Explained:

• Prosecutors can bring an unfounded indictment against any American at any time.
• Prosecutors indict citizens by grand jury without proof, legally obtained and admissible evidence, and by withholding real evidence.
• Quote from the National Association of Criminal Defense Lawyers (NACDL): “A grand jury presentation can consist entirely of information that would be inadmissible at trial. A prosecutor may knowingly use illegally obtained evidence to obtain an indictment, and if she has evidence in her possession that substantially exculpates the target, she may withhold it from the grand jury. The presentation need only establish probable cause to believe” you committed the crime.  And this is all “ex parte,” meaning no one is even there to question what the prosecutor says.

The Cause.   Those we elect and those they appoint have:

• Failed to uphold their oath and obligation to our Constitutional rights to trial by creating other paths proven unfair to you.
• Allowed and even voted in Congress to not follow the Constitution by creating a different system without protecting our freedom.
• Made the government the most powerful player in the criminal justice system, omitting oversight by the public, judges, witnesses, defense counsel, and others in plea bargaining.
• Allowed the unfair power transfer from judges to prosecutors to sentence you without unbiased oversight and transparency.
• Empowered prosecutors with guilty plea-bargaining imprisonment “deals” without oversight, trial, or proof.
• Created a system of mandatory sentencing guidelines leaving judges nearly powerless to change the mandatory sentences set by Congress.
• Ignored that in 97% of cases, the government took the Constitutional rights to a speedy and public trial, impartial jury, and witnesses.
• Allowed prosecutors to unilaterally penalize you if you exercise your rights to a trial.
• Allowed prosecutor plea bargaining power to now be the overwhelming norm.
• Allowed rights enumerated by Constitution’s Sixth Amendment to become near extinction.
• Ignored that less than 3% of state and federal criminal cases receive jury trials.
• Allowed the unelected Sentencing Commission to sets your sentence in their Mandatory Minimum Sentencing Guidelines.
• Allowed Sentencing Commission Guidelines to leave judges little more than messengers.
• Allows the Sentencing Commission to claim to be an independent body but is actually part of the Department of Justice (DOJ).
• Curtailed your Sixth Amendment rights to trial by allowing prosecutors to coerce & threaten you.
• Ignored that citizens opting to turn down a prosecutor’s guilty plea deal are penalized by an average of 3.3 times longer prison sentence when they opt for a trial to prove their innocence.
• Ignored the Second Amendment and added 5 to 25 years to sentences if you had a firearm – even for self-defense.
• Failed to heed the many warnings and recommendations to save our Constitutional right to trial.
• Ignored that 97% of our incarcerated did not go to trial as solid evidence the justice system is broken.
• Allows the DOJ to push Congress and the Government Sentencing Commission for higher penalties.
  • further evidence of a strong DOJ desire to enhance its power and
  • further evidence of the DOJ’s desire to add more Americans to the prison population.

You are no longer guaranteed the protection of our Constitution, elected or appointed county, state, federal, or DOJ officials for fair, rational, and humane treatment in criminal justice

Elected and Appointed Officials have failed to heed the many warnings and recommendations for years to save our Sixth Amendment.

Guilty Plea Bargaining Explained by the National Association of Criminal Defense Lawyers (NACDL):

• Prosecutors have unsupervised full power to prosecute and threaten you in plea negotiations.
• Prosecutors possess nearly unchecked discretion and can engage in entrapment.
• Prosecutors can prolong investigations while you are imprisoned/waiting for the unknown.
• Sentences are based on the prosecutors’ power and not the judge’s sentencing discretion.
• Plea negotiations take place outside the court’s purview and can be an all-or-nothing offer.
• Prosecutors verbally offer plea deals without oversight.
• Verbal plea deals dangle the possibility of a reduced sentence possibility.
• The judge and public are cut off from exercising any plea deal oversight.
• You are not told or shown the evidence.
• You can be held accountable for all actions of others involved in the case, even though you did not profit from what others did.
• Your assets can be frozen where you cannot care for your family or pay for legal defense.
• When accepting a plea deal, you must waive your rights to trial at all levels.
• You must waive your rights to appeal charges, police misconduct, illegal stop, illegal seizure, illegal search, and illegal evidence.
• You are forced to plead guilty or risk utter devastation for the family/remainder of your life when you choose trial instead of taking guilty plea deals.
• Plea bargaining pressure to plead guilty in exchange for possible reduced charges causes innocent people to plead guilty.
• After examining plea bargaining, numerous scholars estimate up to 27% of Americans who plead guilty may be innocent.

Congress and DOJ went astray from our Constitution by creating programs for prosecutor power and mandatory minimum sentencing without regard to the checks and balances of ensuring the protection of our rights and freedoms guaranteed by the Constitution. Today, the critical role that juries historically played has all but disappeared as plea bargaining has become the norm.

The Trial Penalty:

• Those who insist on their right to trial suffer more severe consequences.
• You are penalized by an average of 3.3 times longer prison sentence if you opt for a trial.
• Less than 3% of state and federal criminal cases receive jury trials.
• Watch “The Vanishing Trial,” recommended by the National Association of Criminal Defense Attorneys.

Rather than allow citizens to exercise their Constitutional rights to defend themselves dealing and deal the cost and Constitutional compliance of speedy and public trials with an impartial jury, Congress, DOJ, Federal, State, and local governments are forcing taxpayers to pay more and more taxes to house, feed and guard other Americans, irrespective of their guilt or innocence, their Constitutional rights and severity of the case.

The Solution – Local, State, and Federal Elected and Appointed Officials:

• Place an immediate pause on all cases involving:
  
  • Prosecutor plea bargaining without oversight, proof, and admissible evidence.
  • Indictments without admissible proof and prosecutor oversight.
  • Mandatory Minimum Sentence Guidelines when the judge observes Guideline penalty is unwarranted.
• Why an immediate pause?
  • Modifies prosecutor overreach in plea bargaining.
  • Stop exceptions to Sixth Amendment for petit, trial, and grand jury cases.
  • Allows prosecutors to continue plea bargaining with oversight outside their agency/chain of command.
  • Allow prosecutors to continue plea bargaining with admissible & legally obtained evidence.
  • Allow judges flexibility to adjudicate unwarranted Guidelines sentencing.
  • Halt injustice and harm to more citizens.
• The pause can allow the government time to enact fair and reasonable measures to:
  • Reigning in prosecutor plea bargaining abuses.
  •  Restore sentencing power to judges and prohibit independent sentencing by prosecutors.
  • Prohibit indictments lacking prosecutor oversight, admissible evidence, legally obtained evidence, or withheld evidence.
  • Re-think and redefine the necessity, use, and validity of grand jury indictments appearing to be abusive or unfounded power against citizens.
  • Redefine and prohibit grand jury indictments failing to meet the Constitution’s and Sixth Amendment’s spirit and letter.
  • Enact Amendment 6 compliance in all criminal cases and indictments.

An Immediate pause is extremely overdue to reign in prosecutors’ independent and unchecked plea-bargaining negotiation power without oversight outside the prosecutor agency or chain of command. This pause should allow government officials responsible for ensuring compliance with our  Constitution to enact this reasonable measure through their bureaucracy as a permanent and just measure without causing future harm and still retain prosecutor power in plea-bargain negotiations by adding sensible oversight and requirement for proof.

Placing this limited and immediate pause on Mandatory Minimum Sentence Guidelines allows the case judge to sentence the offense when the Guidelines do not provide prudent justice or the maximum sentence is not warranted or determined to be unfair. Restricting judges to mere messengers when they must strictly follow mandatory guidelines without their freedom to judge is absurd.  Judges must be given back their role to exercise prudent justice and oversight on guidelines in all cases.  As mentioned above, a pause should allow the enactment of reasonable measures through their bureaucracy as a permanent and just measure without causing future harm.

Recommendations to the Public:

• Email your elected officials to demand an immediate Legislative Pause on 1) prosecutors’ plea-bargaining without unbiased oversight, transparency, and the right to appeal; and the sentencing power transfer from judges to prosecutors.  Click here for email addresses and a sample short email to send your elected officials.  
• Click this link to tell the government to stop this unconstitutional overreach.
• It’s up to you to protect yourself and take action quickly.  Learn how you are affected:
  • Watch “The Vanishing Trial” and search online for expert panel discussions and briefings, such as this one on Facebook. 
  • Review the online National Association of Criminal Defense Lawyers full report “The Trial Penalty”  or the online We Can Be Heroes condensed report.
• Determine how to protect yourself, your family, and even the assets of your family’s “breadwinner” when prosecutors freeze those assets.
• Sound the alarm to others, and share concerns on your social media. Share this Executive Summary or Demand the Right to Defense Yourself with as many other Americans as possible.
• Communicate frequently with government officials on their responsibilities to protect your freedom and restore fairness in criminal justice.

All Americans must always follow our Constitution or fail miserably. Let’s work to get our freedoms restored. Perhaps Congress, the DOJ, and other officials were blinded by their eagerness to curb crime when they created an alternate criminal system with unintended consequences and disregarded the checks and balances of ensuring our freedom guaranteed by the Constitution.  Nevertheless, we must all work quickly to place a pause on unjust government actions and fully restore our 6th Amendment rights.

For additional information, go to:
The Constitution Report – Demand Your Right to Defend Yourself 

The Constitutional Report  – Your Probably Imprisonment Reaches Alarming Rate

More Constitution Reports  

 

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