The corrupted mandate: When justice serves political power instead of the law

“ For centuries now much has been written and proclaimed concerning justice and today the word seems to be more than ever upon the lips of men, more than ever used, but not always appositely, in arguments for proposed political action. ”

“ But justice is not fully and certainly secured by the maintenance of particular political institutions, however excellent. Political institutions are not self-acting. They are only instrumentalities for the action of society. They are not only to be established and maintained; they are to be administered, and the best institutions may be maladministered. Even under such a system of government as I have endeavored to show to be the best yet devised to secure justice, injustice is still often suffered by the individual or by society. ”

“ Politics poisons even the fountains of justice. Criminals that have sufficient political influence can escape prosecution or obtain pardon after conviction. Prosecuting officers are importuned incessantly, even by "leading citizens," to abandon prosecution of them or to "let them off easily." In the appointment of receivers and referees, judges are much more inclined to give preference to political friends than to political enemies. ”

“ Law must serve the political leadership. Justice is not control of the leadership, neither is it protection of the individual against the state; rather, it is a function of the community which should serve to regulate the community life. The functions and the jurisdiction of the judge, in particular his relation to other departments, will therefore have to be redefined. But before this decision is reached, which is of such far-reaching consequences for the entire development of our Reich, the administration of justice itself has to be reformed radically in the interests of the Reich itself. ”

“ The race-based disparities we have found are not isolated or aberrational; rather, they exist in nearly every aspect of Ferguson police and court operations. As discussed above, statistical analysis shows that African Americans are more likely to be searched but less likely to have contraband found on them; more likely to receive a citation following a stop and more likely to receive multiple citations at once; more likely to be arrested; more likely to have force used against them; more likely to have their case last longer and require more encounters with the municipal court ”

“ Racial bias and stereotyping is evident from the facts, taken together. This evidence includes: the consistency and magnitude of the racial disparities throughout Ferguson's police and court enforcement actions; the selection and execution of police and court practices that disproportionately harm African Americans and do little to promote public safety; the persistent exercise of discretion to the detriment of African Americans; the apparent consideration of race in assessing threat; and the historical opposition to having African Americans live in Ferguson, which lingers among some today. ”

“ AMI agreed to pay the model $150,000—substantially more money than AMI otherwise would have paid to acquire the story—because of Cohen's assurances to Pecker that AMI would ultimately be reimbursed for the payment. Despite the cover and article features to the agreement, AMI's principal purpose in entering into the agreement was to suppress the model’s story so as to prevent it from influencing the election. At no time during the negotiation for or acquisition of the model’s story did AMI intend to publish the story or disseminate information about it publicly. ”

“ And yet history abounds with the political intrigues and oppressions of judicial power, in favour of revolution, usurpation and tyranny. These display the insufficiency of impeachment for the correction of crimes, to be almost equivalent to its incompeteney for the correction of errour. Judicial power is placed beyond the reach of prosecution from an individual. It can ally itself with a branch of government. And impeachment is in practice more frequently a weapon with which factions assail each other, than the avenger of crimes. ”

“ African Americans are 68% less likely than others to have their cases dismissed by the court, and are more likely to have their cases last longer and result in more required court encounters. African Americans are at least 50% more likely to have their cases lead to an arrest warrant, and accounted for 92% of cases in which an arrest warrant was issued by the Ferguson Municipal Court in 2013. Available data show that, of those actually arrested by FPD only because of an outstanding municipal warrant, 96% are African American. ”

“ On average, African Americans are also more likely to have a high number of "events" occur before a case is resolved. The court's records track all activities that occur in a case—from payments and court appearances to continuances and Failure to Appear charges. 11% of cases involving African Americans had three "events," whereas 10% of cases involving white defendants had three events. 14% of cases involving black defendants had four to five events, compared with 9% of cases involving white defendants. Those disparities increase as the recorded number of events per case increases. ”

“ Failure to Evaluate or Correct Practices that Have Long Resulted in a Racially Disparate Impact That the discriminatory effect of Ferguson's law enforcement practices is the result of intentional discrimination is further evidenced by the fact that City, police, and court officials have consistently failed to evaluate or reform—and in fact appear to have redoubled their commitment to—the very practices that have plainly and consistently exerted a disparate impact on African Americans. ”

“ Evidence of Racial Stereotyping Several Ferguson officials told us during our investigation that it is a lack of "personal responsibility" among African-American members of the Ferguson community that causes African Americans to experience disproportionate harm under Ferguson's approach to law enforcement. Our investigation suggests that this explanation is at odd with the facts. While there are people of all races who may lack personal responsibility, the harm of Ferguson's approach to law enforcement is largely due to the myriad systemic deficiencies discussed above. ”

“ While our investigation did not indicate that African Americans are disproportionately irresponsible, it did reveal that, as the above emails reflect, some Ferguson decision makers hold negative stereotypes about African Americans, and lack of personal responsibility is one of them. Application of this stereotype furthers the disproportionate impact of Ferguson's police and court practices. It causes court and police decision makers to discredit African Americans' explanations for not being able to pay tickets and allows officials to disown the harms of Ferguson's law enforcement practices. ”

“ While total population rates have remained relatively constant over the last three decades, the portion of Ferguson residents who are African American has increased steadily but dramatically, from 25% in 1990 to 67% in 2010. Some individuals, including individuals charged with discretionary enforcement decisions in either the police department or the court, have expressed concerns about the increasing number of African Americans that have moved to Ferguson in recent years. ”

“ The municipal court does not act as a neutral arbiter of the law or a check on unlawful police conduct. Instead, the court primarily uses its judicial authority as the means to compel the payment of fines and fees that advance the City's financial interests. This has led to court practices that violate the Fourteenth Amendment's due process and equal protection requirements. The court's practices also impose unnecessary harm, overwhelmingly on African-American individuals, and run counter to public safety. ”

“ Requiring an individual to appear at a specific place and time to pay a citation makes it far more likely that the individual will fail to appear or pay the citation on time, quickly resulting, in Ferguson, in an arrest warrant and a suspended license. Even setting aside the fact that people often receive inaccurate information about when they must appear in court, the in-person appearance requirement imposes particular difficulties on low-wage workers, single parents, and those with limited access to reliable transportation. ”

“ Court Practices and Procedural Deficiencies Create a Lack of Transparency Regarding Rights and Responsibilities It is often difficult for an individual who receives a municipal citation or summons in Ferguson to know how much is owed, where and how to pay the ticket, what the options for payment are, what rights the individual has, and what the consequences are for various actions or oversights. The initial information provided to people who are cited for violating Ferguson's municipal code is often incomplete or inconsistent. ”

“ The lack of clarity about a person's rights and responsibilities often begins from the moment a person is issued a citation. For some offenses, FPD uses state of Missouri uniform citations, and typically indicates on the ticket the assigned court date for the offense. Many times, however, FPD officers omit critical information from the citation, which makes it impossible for a person to determine the specific nature of the offense charged, the amount of the fine owed, or whether a court appearance is required or some alternative method of payment is available. ”

“ If a person cannot afford to pay the bond, there is no opportunity to seek recourse from the court.
If a person is arrested on an outstanding warrant—or as the result of an encounter with FPD—it is often difficult to secure release with a bond payment, not only because of the inordinately high bond amounts discussed below, but also because of procedural obstacles. In practice, bond procedures depart from those articulated in official policy, and are arbitrary and confusing. ”

“ If a person misses a required appearance, it is the purported practice of court staff to send a letter that sets a new court date and informs the defendant that missing the next appearance will result in an arrest warrant being issued. But court staff do not even claim to send these letters before issuing warrants if an individual is on a payment plan and misses a payment, or if a person already has an outstanding warrant on a different offense ”

“ Wherever the importance of the matter leads to legislation what are denominated "political" methods are apt either to control or in some way influence the resulting efforts—too often with unfortunate consequences. ”

“ Within these limits, the power vested in the American courts of justice of pronouncing a statute to be unconstitutional, forms one of the most powerful barriers which has ever been devised against the tyranny of political assemblies. ”

“ The politician will have to learn that the principle of division of power will have to be observed by him, too, and that he will not find a judge willing subsequently to condone his mistakes, because he will also punish him on the basis of subsequent laws. Confidence in international jurisdiction, which today still suffers from a suspicion of being easily misused for political purposes, would be heightened considerably through such a pronouncement. ”

“ Judicial tools have generally been in politics for a number of years and, preceding their judicial service, a member of the legislature for several terms, like Saylor, where they are first tried out. This judge expects one day to be Governor and is willing to do any thing to further his political ambitions. By some hook or crook or pull he succeeded in obtaining his license to practice law and since has appeared in court occasionally; generally when a jury was to be influenced.
"He is more or less a wanderer and, when he changes his residence, changes his politics and votes with the majority. ”

“ The requirement to tell the truth applies equally to all citizens, including persons who hold high positions in government. In an investigation concerning the compromise of a CIA officer’s identity, it is especially important that grand jurors learn what really happened. The indictment returned today alleges that the efforts of the grand jury to investigate such a leak were obstructed when Mr. Libby lied about how and when he learned and subsequently disclosed classified information about Valerie Wilson,” he added. ”

“ It is understood that, should AMI commit any crimes subsequent to the date of signing of this Agreement, or should the Government determine that AMI or its representatives have knowingly given false, incomplete, or misleading testimony or information, or should AMI otherwise violate any provision of this Agreement, AMI shall thereafter be subject to prosecution for any federal criminal violation of which this Office has knowledge, including perjury and obstruction of justice. ”

“ However, in or about early October 2016, after the assignment agreement was signed but before Cohen had paid the $125,000, Pecker contacted Cohen and told him that the deal was off and that Cohen should tear up the assignment agreement.
7. Following the 2016 presidential election, AMI published articles written by the model in OK! Magazine and Star Magazine, featured her on the cover of Muscle & Fitness Her's, and published articles in Radar Online featuring the model. ”

“ The political task of the administration of criminal jurisdiction is not at all incompatible with justice.
The directives for arriving at a just decision, especially in the case of the law pursuant to Number II, in the criminal jurisdiction for Poles are deprived by viewing the German people and Reich as a whole in regard to the necessities of the State, the [638] judicial comprehension of which is given by the political aim of German work in the Incorporated Eastern Territories. ”

“ Here the people expect an unflinching representative of a strong law who seeks the truth and justice with intense devotion and a clear mind. Nor can a political leader, even the best, nor a Landrat nor a Gestapo official be at the same time a judge. They all perform completely different functions ”

“ If Justice Jackson really wishes to forego straightforward decision by force and is prepared to become a party to and submit to a legal procedure, although not bound to do so, then he will have to forego presenting arguments which do not belong in a legal procedure. A hybrid, which is neither a clear act of violence nor a trial in the usual sense—however much one may try to place it in a halfway position under the name of a political trial—is an absurdity. ”

“ The political significance of a trial is usually apparent from its consequences rather than during the course of the procedure and through the influence exercised upon the legal norms to be applied. A judge should administer law, and not deal in politics. ”

“ Let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice. And, in short, let it become the political religion of the nation. ”

“ A government able to reach its enemies only upon a field of battle would soon be destroyed. The true sanction of political laws is to be found in penal legislation; and if that sanction is wanting, the law will sooner or later lose its cogency. He who punishes the criminal is therefore the real master of society. Now, the institution of the jury raises the people itself, or at least a class of citizens, to the bench of judges. ”

“ I am so entirely convinced that the jury is preeminently a political institution that I still consider it in this light when it is applied in civil causes. Laws are always unstable unless they are founded upon the customs of a nation; customs are the only durable and resisting power in a people. When the jury is reserved for criminal offenses, the people witness only its occasional action in particular cases; they become accustomed to do without it in the ordinary course of life, and it is considered as an instrument, but not as the only instrument, of obtaining justice. ”

“ But even stronger are the reasons for retaining the jury as a political institution. Some one has tersely said that it is not so necessary that the people get justice as that they should think they do. While this is, perhaps, putting it a little too strongly, yet there is much truth in it. Judges are usually chosen from a rank far above the mass of litigants, and the latter doubtless often feel that they are appealing for justice to one who has but little in common with the class to which they belong. ”

“ The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. ”

“ Your client would further have the right to have the jury instructed that your client is presumed innocent until proven guilty, and that the burden would be on the United States to prove your client’s guilt beyond a reasonable doubt. If your client were found guilty after a trial, your client would have the right to appeal your client’s conviction. Your client understands that the Fifth Amendment to the Constitution of the United States protects your client from the use of self-incriminating statements in a criminal prosecution. ”

“ There is no allegation in the indictment that any American was a knowing participant in the alleged unlawful activity or knew they were communicating with Russian intelligence officers. There is no allegation in the indictment that the charged conduct altered the vote count or changed the outcome of the 2016 election.
Everyone charged with a crime is presumed innocent unless proven guilty in court. At trial, prosecutors must introduce credible evidence that is sufficient to prove each defendant guilty beyond a reasonable doubt, to the unanimous satisfaction of a jury of twelve citizens. ”

“ The [Pg 50] tribunal that convicts without sufficient evidence may decide according to the fact; but the next jury, acting on the same principle, may condemn an innocent man. If this be so, is not the prisoner in every case entitled to have the evidence carefully sifted, the weak points of the prosecution exposed, the reasonable doubts presented which should weigh in his favor? And what offence to truth or morality does his advocate commit in discharging that duty to the best of his learning and ability? What apology can he make for throwing up his brief? ”

“ Of course, to support a prosecution of Wilson under 18 U.S.C. § 242, the weight of the evidence from those witness accounts that support a prosecution must be prove the violation beyond a reasonable doubt to twelve reasonable jurors. A prosecution will fail if the credible evidence creates "reasonable doubt" of Wilson's guilt by supporting Wilson's statements that he acted reasonably and in self-defense. The second section of summaries contains those accounts that neither inculpate Wilson nor fully corroborate Wilson's account. ”

“ Furthermore, there are no witnesses who could testify credibly that Wilson shot Brown while Brown was clearly attempting to surrender. The accounts of the witnesses who have claimed that Brown raised his hands above his head to surrender and said "I don’t have a gun," or "okay, okay, okay" are inconsistent with the physical evidence or can be challenged in other material ways, and thus cannot be relied upon to form the foundation of a federal prosecution. ”

“ Witness 128 has been convicted of multiple felonies including crimes of dishonesty, all of which would be admissible in federal court as impeachment evidence. Witness 128's accounts are inconsistent with each other, inconsistent with the forensic and physical evidence, and inconsistent with credible witness accounts. Accordingly, after a thorough review of the evidence, federal prosecutors determined this witness's accounts to lack credibility and therefore do not support a prosecution of Darren Wilson. ”

“ Witness 102 does not have a criminal history. Therefore, if called as a defense witness in a prosecution of Darren Wilson, this witness's account would not be vulnerable to meaningful cross-examination and would not be subject to impeachment due to bias or inconsistencies in his prior statements. Accordingly, after a thorough review of all the evidence, federal prosecutors determined his account to be credible and likewise determined that a jury appropriately would credit his potential testimony. ”

“ As mistakes and grievous mistakes have been made in the past as to what is justice, so they will be made now and in the future, and can be lessened only by greater wisdom and forethought, by greater effort to consider justice apart by itself, with philosophical detachment, with minds unclouded by pity, sympathy, charity, and other like virtues, on the one hand, or by envy, hate, prejudice, and like evil sentiments, on the other. ”