The Federal Criminal Injustice System: Remembering the Constitution

Jan. 24, 2009 - PRLog -- Yazoo City, MS – The Unites States Criminal Justice System has evolved into a method of assigning infamy to citizens accused irrespective of innocence or guilt. A judicial system founded on the principles of equality and the assurance of fairness has transmogrified into judgments corrupted by the sadistic nature, personal vendettas, and superior postulation of federal prosecutors with supporting roles being contributed by the presiding crown and defense council. With the growing number of federal inmates housed in the borough of prisons and privately managed penal institutions, an increasing federal deficit, and extreme terms of punishment without the possibility of parole for non-violent and first-time offenders (federal parole was appealed by Congress in 1987), one must inquire as to the provocation of this emerging practice.
   This country is establishing a propensity for corruption in the very areas where citizens traditionally turned for protection and the enforcement of lawful entitlements.
       What is this society becoming when the government applies criminal tactics to incriminate, convict and enhance the punishment of those accused while capitulating to the same violative conduct and characteristics that the accused has been alleged? Social anarchy and judicial Marxism- a system in which the framers of this country assertively abandoned in practice and precept upon designing the infrastructure and objectives of these United States. Sadly enough, the constitution has evolved into a novelty of satiric principles, manipulated and adversely contorted by those sworn to uphold it, contrary to the instrument once considered a legal manifest of laws and guarantees due each American citizen or one accused under the laws of this country. At one time in history, “justice to all” did not exclude those who are not employed by the justice system, occupants of political office, or those who lack financial affluence and political affinities.
   Police that wrongly harm, politicians that pay-to-play, and prosecutors and federal judges that knowingly and intentionally abuse their discretion by adopting the role of the jury, or grand jury, transcend the law and their jurisdictional authority without fear of recourse or consequence as a member of the fraternal allegiance. But where is it defined that these individuals are anymore immune from the laws of this country, right and wrong, privileges and punishment, than any other citizen?
   Advocates of this premise of the US Constitution, the Bill of Rights and other described provisions of law, are becoming increasingly more astute relating to issues of law and the preservation of rights in a manner of epic proportions. The internet and related technologies have opened a window of opportunity of disclosure and exposure, of practice injustice that is awakening the conscience and rallying the spirit of people across the country, recognizing how easy it is to be snared into the web of deceit based on non-evidence, coerced testimonies, unfounded allegations, court-concocted aggravating elements of the offense, publicity, meeting quotas, maintaining performance tracking, and the innate desire to “win the game”. But, at what cost?
   Families are being destroyed. Children are being forced to raise themselves or adapt to a single-parent living situation. Corporations are being dismantled while employees are being cast into an environment that is attempting to recover from the greatest economic downturn since the depression. Excessive sentences, costing tax payers an exorbitant amount, are being perpetually prescribed under a “preponderance of the evidence” instead of facts being “proven beyond a reasonable doubt” by a jury of an individuals peers or charged by a grand jury indictment as directed by the 5th and 6th amendments absent of any hope of parole. This system displays a complete disregard for families or genuine concern for the economic position of this country or the citizens that consist.
   An example of this heinous practice may be found in the 2007 Federal Case of United States of America vs. Nathan Brennan of the 11th Circuit, Atlanta Division. Brennan was convicted of an offense that the court arbitrarily aggravated outside of the law and which exceeded the parameters established by the Grand Jury indictment.
   Under the Fifth Amendment, “no person shall be held to answer to a…infamous crime unless by indictment of a Grand Jury…nor be deprived of life, liberty or property without due process of law.” When the court acts outside of the law and it results in a conviction, that individual has been unconstitutionally denied of his liberty “without due process of law”. Even though Brennan’s judgment was established illegally, Brennan was convicted and is currently residing in a Federal Correctional Institution located in Yazoo City, MS.
    Mr. Brennan has contacted the American Civil Liberties Union (ACLU), the American Bar Association and a host of other organizations in an effort to right the wrong that he has unfortunately become subject. Historically though, once an individual is entrapped within this system of corruption, very seldom is it found that the perpetrator’s correct the injustice. Gradually, the person aggrieved sinks deeper into the judicial abyss as the badge of infamy and conviction discriminately becomes affixed to his memory and reputation. The accused becomes wrongly guiltier by association to the system rather than evidence or a fair trial. Even in the event of plea, these courtroom conspirators methodically associate unproven and unlawfully claimed additional factors in order to sue or aggravate the punishment completely barren of constitutionality.
   The most interesting fact is that the United States of America vs. Nathan Brennan is not merely an isolated incident but rather indicative of a rogue justice system countenanced by the corruption resident in the human nature. Though we are led to believe otherwise, the road leading to this path may not be as narrow as most expect. Possibly under the incoming presidential and congressional administration, an article – the Constitution – once so respected, will be revived. Until then, one can only hope that the pendulum swings in some other direction and fate continues to deal a distant hand.