The Definition of a Crime
Courtroom v. Constitution
By D. Starr
The Pretty Publicist
February 12, 2009 Atlanta, GA – Across the country, federal district courts are independently reforming the constitutional definition for a crime. Even though most of us have been conditioned to believe that the name says it all, the reality is that in most things that we deal with on a daily basis, the name only provides a general description of the subject. Specifics typically require much more detail.
For example, the value of a Toyota varies based on the type of Toyota or the characteristics of the car. The characteristics assist in establishing the value or cost of the type of Toyota. Your local McDonald's Restaurant offers an array of "Value Meals" on the menu. But, the cost is determined by the things found inside each meal. The devil is in the details.
The same holds true for a crime. The expression "crime" or an offense is a generic term that represents an array of circumstances, mental disposition, events, actions, allegations and participants. Regardless of the title that has been assigned to a crime or offense, these hosts of variable or ingredients are the predicates of the crime and the resulting sanctions.
Under the federal constitution, no person can be subject to an "infamous crime" unless that crime has been described with certain specificity in the indictment. The Grand Jury is the only entity that holds the power to patent and modify the recipe of a crime alleged in an indictment. Under the Constitution's Due Process Clause, this is an undeniable provision at law.
The framers of the Constitution realized the nature of human beings, both good and bad. Therefore, provisions were set to insure that every person was subject first and foremost to a "fair" process. An early prohibition was created against the arbitrary assignment or creation of a new or different crime, from that defined by the Grand Jury and embodied in the indictment.
Just like a patented recipe for a cake by Duncan Hines, remaining within the law means to remain within the parameters and ingredients of the original recipe. Any deviation or addition, over and beyond that recipe without going through the Grand Jury is a violation of unconstitutional proportions.
Demonstrable is the 2001 federal case of United States of America vs. Nathan Brennan. Though the indictment contained certain ingredients, the judge arbitrarily altered the "recipe" by adding elements without notifying Mr. Brennan or the Grand Jury. Mr. Brennan, a man who had never spent a day previously in a federal prison cell, is suddenly faced with his first exposure to the federal justice system featuring an allegation peppered with random embellishments of the judge.
Brennan is not a repeat drug offender nor does he have a history of violence.
Brennan is not a sex offender, and he did not rip off millions of people in an SEC scandal.
Brennan represents the normal everyday father, brother, husband, uncle or friend that genuinely believed in the federal justice system and the protections under the Constitution. Unfortunately, Brennan has learned that constitutional protections stop at the threshold of the federal courtroom. It is here that a judge acts in any capacity that he or she chooses to assume, contrary to the law and the Constitution.
It is stated very clearly that an accused cannot be deprived of “life, liberty or property without due process of law." But if this is the case, why are our prison systems filled with so many “Brennans”
In Jackson, Mississippi, Nathan Brennan continues to fight his case while maintaining the fervency founded and constant belief in the foundation of the law being the United States Constitution. Unfortunately, Brennan exemplifies the ignorance of most of America in the dissipating effect of these foundational principles of the American Justice system.
Under this new administration, the real hope is that one day the Constitution will be valued for more than solely the paper that it is printed on. Until then, hopefully you won't become the next Nathan Brennan.
For more information, submit inquires to dstarr2009@gmail.com.
