The Virtual Clash Between Two Prevasive Views of Reality
This morning, my daughter, back in Washington, D.C. and I got into a debate, over the recent shootings, the holding of Eric Holder, United States Attorney General, standard of malice, never before in my educated opinion, have I ever seen, that standard applied to cops, suggesting, that they have control over the charging and gateway to justice, that prosecutors have, with the power to either decline prosecution or proceed with charging and prosecution, based on the evidence of a case. Cops, are there, and participate in the event, that gives rise to the situation, making or breaking a case, either for proceeding with prosecution or the declination of moving forward against a particular defendant. The only time, I have ever, being on either side of the criminal justice and constitutional law systems, with the risk that an officer, violated a federal, statutory or constitutional civil right, while acting under color of law, as a state official, that being applied to local, state and federal officials.
The malice standard, is usually applied to someone who has more control over the finished, outcome, at the gateway, of the justice system, rather and a random participant, taking the facts, situation, and encounter, with a citizen on the streets, suggesting, the hair splitting decision making, the take it for what it is, facts, and making the best decision in the heat of the moment . . . and nobody is saying, that when faced with a particular encounter, one would hot have made exactly the same decision, but with a blanket, approval of any cop shooting, is just pure bull shit, and they have constitutional protections, civil rights, Miranda rights, considerations for life, liberty and property, not to mention, the pursuit of happiness, in additio to serving and protecting the health, safety and welfare of the citizens, who pay them to watch over the city, county, state, nation!
Besides, saying that malice is traditionally, connected with prosecutors, either as a measure for vindictive prosecution or malicious prosecution, which I used in a case against a county attorney, who, summarily, upped the charges against my client, each time I went to visit her in jail, being a plaintiff in the civil rights suit, and by means of payback, or threats, the prosecutors, who had a personal vindetta against the woman, because she refused to take a plea bargin, and would not lie, in her testimony, telling the events of the alleged crimes and charges, so her story fit, that of her alleged, co-conspirators. With the threat of not seeing her children, for the next 57 years! That is malicious and vindictive! That standard, of malice, if an extremely high standard, used in tort or wrongful acts, civil lawsuits, for slander and libel cases, against a public official, who, knows that being thrashed in the press is part of the public exposure, but if a person, rises to the level of malice, against an elected or public figure, then, that threshhold, is high enough, to find the person guilty or liable or those claims, even though most people know they are subjecting their lives, personal and public to scrutiny.
Malicious Intent . . . Beyond the Normal, Rises to the Level of Actionable Wrong Doing!
The cops are not in the role, that would allow them to visit malicioius and vindictive behavior on someone they just met, say involved in a domestic dispute. But, absolute power, corrupts, absolutely! I would say, the clash comes between the views of those who adhere to the Patriot Act, and those who adhere to the Supreme Law of the Land, or the United States Constitution, along with the rights, privileges, protections, freedoms, liberties, and judicially created enforcement of the 4th, 5th, 6th, 8th, and 14th amendments of rights, giving teeth to protections against 4th amendment, unreasonable searches and seizures; 5th amendment rights to being tried twice of the same crime, due process, before taking away, life, liberty or property, with compensation; and 6th amendment right to a speedy, public trial, with a jury of peers, and counsel! Along with others!
I think, the problem lies, with all the protests, and the fervor against the recent rash of cop shootings, if the fact, that these are situations, where previously, guns, shots, ambuse, and killing, where not associated with them. Everyone, expects gunfire, when there is a bank robbery, or a gang shootout, with cops, or in a rare situation, with a standoff, when something goes wrong in the work place, home or school, or in a suicide, and the cops, generally, try to use negotiators, rather than gun someone down . . . not any more! We are seeing the use of deadly force, almost on a daily bases, and none of us are to comment, or express shock, and we are always to take the cops side, in this world, this police state, where the Patriot Act, rules, and the fascist regimes, the militarization of the cops, who are not the military, are literally declaring war on the citizens, and changing the rules of the game that has been in extistence for almost 240 years, in reaction to Britsh Monacrch, King George, who, if you read the Declaration of Independence, sounds exactly like the cops today, under the Patiort Act, covering the murders of the colony citizens, with absolutely no right to fight back, as unjustified as the King's troops are!
If You Resist Arrest, Cops Have the Right to Shoot & Kill You! NO!
In the Patriot Act world of cops, they are all powerful, can search your house, while you are gone, write their own warrants, if they bother to get on at all, without probable cause, and without listing with specificity or particularity, what exactly they are looking for, affirming with oath and affirmation, to a unbiased magistrate or judge, that the search and seizrue are warranted, based on probable cause . . . a warrant of this nature, to protect against unreasonable searches and seizures, is the general rule, not the exception! There are laws that cops have to enforce against citizens, as seen by the legislative bodies, who make up the rules, the laws, the ordinances, and then on the flipside of that, there are the constitutional protections and rights that citizens can expect from their law enforcement entities, or they have crossed the line, of demarcation between civil justice and civil violations and unrest. We have arrived, where we are in a state of civil unrest, unjust behavior, and total disregard for rights, protections and lives, and that is cause to revolt, scream, protest, and that is just what is happening.
Rather than to back down, get back within the constitutional constraints that their personal and public oaths of office, put on them, they blatantly, just disregard the fucking law, and proceed to try to use force, threats, justifying murder, and any actions, they see fit to inflict on the citizens! Really, read the Declaration of Independence, and that will not seem like 300 years ago, that will sound like modern day America! We in America, will not tolertate a police state, nor, a total disregard for the laws of this land! We are not a totalitarian regime, like in many countries, that march up and down the streets, acting a the will and comand of the dictator or ruler, we are a society of laws, agreed upon mandates, that both sides have to abide by, in order to live in a more perfect unions, based on agreed upon laws, that the government is to protect! There is a suspicion, on may part, as a criminal defense attorney, or a prosecutor, or constitutional law attorney, if a cop, has to cheat to get a suspect, a defendant, or a perpetrator, I can never be sure that, the alleged wrong doer, was actually guilty of anything other than, I guess you could say, malicious intent by the cops, with a pure hatred and disdain for citizens, regardless of the laws! Under the Patriot Act, there just might be room for that standard of review, just an overall, piss poor attitude! But, that is not our system.
The Old Ball & Chain . . . NSA just joined the discussion, and I can't adjust my headings and justifications for margins!
The reason, cops, prosecutors and judges, hate, the United States Constitution, state constitutions, and me, so bad, is that they are constrained, they are not all powerful, not all knowing, not free to act at will, up to and including killing someone, without certain, justifiable limts and restraints placed on them by society, the law, the legislatures, and well proscribed laws, dictates, mandates, and jurisdictional controls! And for that, I have been put in fear of my own life, off and on, for 17 fucking years . . . I will not let them have thier way with ME, nor with YOU! I just can't stand by and let this go, unnoticed, undisgussed, unchallenged, and with a absolute belief, that these acts are nothing more than treason, to be seen as enemies of the People of the United States, and by the way, justice system players, you are not above the law, you are not free of it, and you will not be allowed to do whateveer in the fuck you want! PERIOD!
Here we go again, I can't adjust my writing, with subtitles, and such, must be doing something right! I am sure that, as of my writing and the confrontation with the Kalispell Cheif of Police and the Mayor, I will be, essentially, banned for exercising my first amendment rights to raise questions, objections, and make observations, of materials, and information, that is brought in front of my ciritcal, educated in the law, mind. But, the Chief, showed a video, of a situation down in Phoenix, where a very vocal black pastor, was participating and organizing protests and marches, during the recent shootings of young black males, most, if not all, unarmed, as were the two recently, that inspired, this response . . . and the cops felt threatened? Why, they had the guns, the badges, the back up,, and everything on their side! You have nothing to fear, but fear itself!
The cops, allegedly, in Phoenix, had the pastor, hopefully not a staged exhibition, to quiet the masses, and curtail the anger on the streets, but he was given a simplated experience, in which he was confronted with staged actors, violently approaching the pastor/cop, or had them jump out from behind a vehicle, and the pastor shot, in self-defense, and so forth and so on . . . and after, his alleged experience, he took the position, that if an officer tells you to get down and you resist, you, in essense, deserve to be shot! Just recently, there was a brother of a man, whom the police were looking for, and they mistakenly approached, or pulled over, or had a traffic violation, or some reason to come into contact with the brother of someone with a warrant. The cops pulled the brother over, and told him to get out of the car, to which he refused and informed them, that they had the wrong guy, and that, it was his brother who had the warrant and was the guy they were looking for.
When the innocent brother, didn't get out of his vehicle, with his hands up, and do whatever the officers wanted him to do, while protessting, that they were making a mistake, no, not officer! They beat the hell out of him! Now the city, is facing a civil rights lawsuit . . . the balance of power for those cops who insist on ignoring a citizen, especially, an innocent one, and proceed to abuse, force and beat, his rights out of him! No going to happen under my watch! Today, my daughter, asked me if I would resist arrest of an officer, and I told her I have been for three years, since I was sworn into the United States Supreme Court Bar, and they have been trying to kill me! Fuck, yeah, I am going to resist arrest, false imprisonment, unjusitifed incarceration, theft of over millions of dollars of intellectual, personal and real property, and nobody is doing anything about it! Really, the new Patriot Act, I am an enemy combatant and a homegrown terrorist, for forcing, law enforcement, jprosecutors and judges, to do what? To OBEY THE LAW! And it is not the Patriot Act, but the United States Constitution, which, when the Police Chief of Kalispell, saw the flag, the red, white and blue, standing a few feet from us, and I reminded him that we should be on the same side, he slinked out of the room! Probably plotting my demise, rather than improving!
Taking Someone's Life, Is SHOCKINGLY Unconstitutional!
In our system of justice, or the way it used to be, go watch a few movies, even serial killers, who have killed hundreds, are provided their constitutional rights! Two domestic disputes, and these young men, one dead, are not provided their constitutional rights? They are shot, worse treatment than the killers? Come on . . . the dead kid, while taking off with the fiance, and allegedly going 100 mph, down Broadway, eventually, came to a stop, and could have been apprehended, he didn't have a gun, but, even after he stopped, he was gunned down, and shot in what I would consider cold blooded murder, for it was not justified. Where the officers, justified in being pissed, concerned, angry, worried, hell, yeah, but where they justified in killing the 20 year old? Doing the typical, the traditional character assassination, is the next phase, where his mother, who was the one who called the boy in for assault and taking the car, said, that the boy was not on drugs, as the officers claim, because, they know that 90% of the public, will somehow justify, the shooting based on drug use, rather than the fact that the cops, gunned down someone, who probably should see jail, automatic jail time for going speeds over 100 mph, so that is jutified, and he stopped, so he could have been booked in jail for that, but murder, shooting, killling the kid, NEVER!
Life is a fucking big deal in our legal and justice sytem, that is why a known and convicted murderer, is allowed so many appeals, taking years and tons of money, to make sure, that in a system of innocent until proven guilty, is followed, better one innocent man be allowed free, and protected, even if several have to get off, protecting rights. The law school, and city Innocents Projects and DNA testing are finding many convicted alleged criminals innocent of their charges! We act, nowdays, as if, we are playing a video game, and we shoot, kill, slaughter, and in the next game, or the next day, or the next level of the game, the guy we just killed, comes back to life, and he proceeds with the game, as if nothing ever happened, he really didn't die, well, guess what, these boys really do die, they don't come back, and they can't hold their mother or fiance' again! They are simply gone!
WE MUST TAKE AWAY THE INCENTIVES . . . A PAID VACATION!
So, this cop, and I am not the one who has to judge him, just set some guidelines, standards and situations where the rest of the normal, non-cop world, can see, that you are justified to shoot someone, and we are not shocked, want to protesst, or stage die-ins, and declare cops shootings a public health issue, we have to come to some common ground. Most people have never heard of the Patriot Act, and it was intended for foriegners, not for American citizens, and it has left, people like the Boston Bombers, left unchecked, while kids are getting shot on the streets, we are not the cops/ enemies, we just want our rights, protections and just deserves and citizens of this country!
It had been speculated, that the cop, who shot the Williams kid in Missoula, will be on paid administrative leave, up to, possibly MARCH? He is going to have a psych evaluation, which I think is good, but, almost a three month vacation with pay? Just like in asset forfeiture, the incentive factor should be taken out . . . I didn't need kick backs to do my job as an assistant attorney general, and we were paid shit! This is all part of your job, and becoming, by your own, actions, almost a monthly thing, justified or unjustified, if the department, with life as a precious thing, should take away anything that smacks of incentive! It really looks bad. Kalispell, Police Chief, said, back in the late 90's he shot someone, they didn't die, but he talked about the fact that he thinks about it daily. Even more reason, to do all we can, to make sure that life is protected, that cops are not encouraged, expected, nor pushed to shoot citizens. I am sure that it is hard; therfore, killing someone should be the last resort, not the first and only, simply because someone doesn't act, just the way you want them too. Remember, they are also amped up, if they are in a domestic violence situation, something, they may see as a private fight between them and their spouse and fiance, and you are an unwanted intruder!
Cool heads should prevail, when dealing with highly emotionally charged situations, as in domestic violence. Last night, while I was watching Flashpoint, there was a situtaion of a domestic situation, where the father of a baby, who was being given up for adoption, got with the mother, and stole the baby from the new couple, and kidnapped, their own child. The father, had issues, his mother had died, and he saw his father, jump off a building, while he watched. I was impressed with the cops, who pursued the father, as he took the baby from the mother, after a chase, landed at his happy place, the time he remembered being with both his mother and father, and he wanted to experience that with hit son. The cops, really did care, understood, and tried to talk him out of jumping, as his father did. The guy gave the baby, his kissed, to the cop, who did all in his power, to assure this unfortunate young man, that they would help him, if he just didn't jump. A female cop had a shot, and was reprimanded for not shooting the father, who eventually jumped. That is where the statement, that trigger happy cops are bad, but cops that can't shoot may be worse, putting others at risk.
In the next episode, the female cop, not only figured out where the bad guys were, but took the crack shot, that saved a pregnant woman's life. She seemed to have an inate, ability to sense, when the bad guys, were really bad, and when a young man, who had every strike against him, just wanted some time with his new born son, to kiss him, take him to the only place he had a good memory of his painful childhood. I cried, knowing there are many bad childhoods, not necessarily making bad people, but desperate people do desperate things! It takes a skilled cop, to know the difference . . .
When You Are a Hammer, Everything Doesn't Have to Be a Nail. We Need, Smart, Professional Cops, Who are Sophisticated to Treat Life With Care, Hearts With Tenderness, and Shoot a Bad Guy, When the Time Comes . . . But We All Are Not Bad Guys!
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