To Kill a Mocking Bird, The Denial of Due Process
Jul 9, 2010
To Kill a Mocking Bird,
The Denial of Due Process
Revised Tuesday January 5, 2019 and Friday, March 04, 2011, Originally Posted Fri, July 9, 2010 10:33:12 AM
Jane Crow and Jim Crow are both based on the conviction/lynching by infamous accusation without access to 5th and 14th Amendment’s due process - Justice with the equal protection of Due Process of Law.
The 50th anniversary of the publication of Harper Lee’s, “To Kill a Mockingbird” was Sunday July 11, 2010. I have to ask, have we lived up to its meaning, to its hope? We made it unfashionable to be a racist. We eliminated most of the Jim Crow discrimination, yes. But have we gone far enough?
Would there have been or is there today a crime in the corrupt and malicious arrest, prosecution, trial and conviction of the fictional character Tom Robinson? Tom Robinson was a black crippled man with the audacity to feel sorry for a white woman. What did he do wrong?
Sheriff Tate, did not want to see Tom Robinson convicted, but he had to arrest him, RIGHT? The Prosecutor, Mr. Gilmer just wanted to win his case. He was just prosecuting the evidence, RIGHT? Judge Taylor asked Atticus to represent and defend Tom Robinson; he was trying to provide a fair process, RIGHT?
WRONG!!!
The arrest, the persecution, the trial and the conviction of the fictional character Tom Robinson would have been a CRIMINALdenial of Due Process of Law[1], not that anyone would be prosecuted either then or now. Our Public Minister’s, the Supreme Court, the Justice Department, and the Executive Department have awarded themselves “absolute immunity.”
Admittedly racism has become untenable in today’s America
“I wanted you to see what real courage is, instead of getting the idea that courage is a man with a gun in his hand. It's when you know you're licked before you begin but you begin anyway and you see it through no matter what. You rarely win, but sometimes you do.” ~Harper Lee, To Kill a Mockingbird, Chapter 11, spoken by the character Atticus
Do we have the courage to take on the malice, corruption and incompetence that still infect our Justice system today?
The Sheriff, The Prosecutor, The Judge, The Executive Department, and The Justice Department all know better, I paraphrase slightly but I quote:
They are "representatives not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, they are in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. They may prosecute with earnestness and vigor—indeed, they should do so. But, while they may strike hard blows, they are not at liberty to strike foul ones. It is as much their duty to refrain from improper methods calculated to produce a wrongful conviction, as it is to use every legitimate means to bring about a just one.
It is fair to say that the average jury, in a greater or less degree, has confidence that these obligations, which so plainly rest upon the state, will be faithfully observed. Consequently, improper suggestions, insinuations, and, especially, assertions of personal knowledgeare apt to carry much weight against the accused when they should properly carry none"[2](bolding and underlining added for clarity).
The fictional character Tom Robinson was denied fair Due Process of Law[3]. They got away with it in the past and continue to get away with it in the present and will in the future because the police, the prosecutors and the Judges have immunity they have no responsibility for their official actions.
None of us has the protection of the law as envisioned by our founding fathers. We are at the discretion of the police, the prosecutors and the Judges. We have relinquished our inalienable rights in favor of the police’s, the prosecutors’ and especially the Judges’ impunity.
The Police don’t have to investigate the crimes they arrest people for. The Police don’t even need to know the technical aspects of the crimes. They can just point a finger and lie on the witness stand[4] to convict their innocent victims. They have immunity.
The Prosecutors have no professional responsibility to verify the evidence they present. They have no professional responsibility to provide exculpable evidence[5] that might prove the innocence of their victims. They have immunity.
You would think that Judges as the presiding authority would have some responsibility? Judges have absolutely no responsibility for the credibility of “Due Process” of law. A Judge can knowingly sign a malicious, corrupt or incompetent warrant[6] and he or she is absolutely immune. The 4th Amendment’s protection “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” is unenforceable and completely at any Judges’ discretion. Once a Judge signs it or lets an issue go to a jury it is all covered by HIS trickle down absolute immunity. No one can be held accountable. A Judge can let it all go to hell in a hand basket and a Judge and EVERYONE under their authority has impunity. They have ABSOLUTE impunity[7].
The victims of the malice, corruption and / or incompetence, at their own expense, are forced against long odds to pursue vindication in an appeal process that is just as UNJUST and corrupt. An appeal process that is both more expensive and more time consuming for the slim possibility for a dubious vindication in a name clearing hearing, there is no redress for cost or damages.
So where do we go for Justice? There is no justice in Our Justice system. The Supreme Court has affirmed it:
“This immunity applies even when the judge is accused of acting maliciously and corruptly” (Bradley v. Fisher, 80 U.S. 13 Wall. 335 (1871) @ page 349), (Pierson v. Ray, 386 U.S. 547 (1967) @ page 554) and (Mireles v. Waco, 502 U.S. 9, 11-12 (1991)).
and
“In such cases, there is no safety for the citizen except in the protection of the (malicious and corrupt) judicial tribunals for rights which have been invaded by the officers of the government professing to act in its name. There remains to him but the alternative of resistance, which may amount to crime.” (non-italic and parenthetical text added for clarity) (United States v. Lee, 106 U.S. 196 (1882) , Page 106 U. S. 219) (Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971) @ 403 US 394-395)
Our police, prosecutors and judges are just doing their jobs, RIGHT? The police, the prosecutors and the judges have no regret or culpability, RIGHT? Their job has nothing to do with Justice, their job is to arrest, persecute and adjudge so as to instill fear of the Law, RIGHT? Fear is more important than Justice, RIGHT? We must all live in FEAR of the potential arrest, prosecution and conviction, without regard to our rights, the protection of the law or the procedural and substantive protection of Due Process, RIGHT? Abject assiduous fear is a requirement for a civilized society, RIGHT?
WRONG!!!
The police, the prosecutors, the judges and the entire Executive and Justice Departments of the United States of America
“The right of the people to be secure in their persons, houses, papers, and effects… shall not be violated.”
It is the job of the Justice and Executive Departments to see that neither those acting under color of law or those acting outside the law violate this security.
Constitutionally “We the People” have RIGHTS!!! Ninety-five percent (95%) of the people[8] have done nothing wrong and NEVER will. We need to base our Government policies on the Majority, not the MINORITY!
“Mockingbirds don’t do one thing but make music for us to enjoy . . . but sing their hearts out for us. That’s why it’s a sin to kill a mockingbird.” ~Harper Lee, To Kill a Mockingbird
Too many mockingbirds have been destroyed at the hands of our self-admitted malicious, corrupt and incompetent Justice Department.
We HAVE RIGHTS in this country!!!!!!!!!!!! We the People surrender NOTHING. "We the People of the United States, in Order to form a more perfect Union, establish Justice… and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America[9] " The establishment of Justice under the Constitution and Laws of “We the People” is the responsibility of our employees, the police, the prosecutors, the Judges and our President.[10] We need to hold them liable per the 1stAmendment “Congress shall make no law… abridging… the right of the people… to petition the Government for a redress[11]of grievances.[12]
“The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection,” THE PROTECTION OF LAWS. Marbury v. Madison, 5 U.S. 1 Cranch 137 (1803) Page 5 U. S. 163.
Not currently in America
"All the parties" who participate in the unjust conviction of a Negro would be liable, including "the grand jury, the petit jury, the judge, and the officer of the law" who executes the judgment. Cong.Globe, 39th Cong., 1st Sess., at 598 (1866) Sen. Davis of Kentucky in opposition to Section 2 of the 1866 Civil Rights Act Now codified as Title Criminal 18, U.S.C, § 241 & 242
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