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Article posted Sep 27 2011, 1:13 AM Category: Commentary Source: Llewellyn H. Rockwell, Jr. Print

The Police State Abolishes the Trial

by Llewellyn H. Rockwell, Jr.

Several years ago, the police entered the office of a young professor at a reputable university and arrested him for an online crime. They took the professor away, booked him, and then offered him a deal: admit guilt and get off easy. The professor said to the few people to whom he was permitted to speak that this was crazy because he was innocent. His lawyer warned him: fight this and you could get life; admit guilt and you will get a suspended sentence. He took the deal. It was a trick. Now he languishes in jail, his life wrecked as far into the future as he can see.

This doesnít happen in America, does it? Yes, it does. Not only that, it is increasingly the norm. Those raised on a steady diet of courtroom television shows believe that they are true to the way justice is meted out. This is completely naive. Trials in federal criminal cases are rare. Nine in ten cases are settled in pleas like the above case. Only 3 percent of the cases go to trial. Among those that go to trial, the defendant wins once in every 212 times.

What this means is that there is no way out for the accused. The prosecutors have all the power. Not even the judge has discretion because lawmakers have mostly taken that liberality away in the name of cracking down on crime. This happened all through the 1980s and 1990s, and the prosecutorial dictatorship has entrenched itself to become the norm since 2001. For the last ten years, the police state has had free rein.

It was not "liberals" or "conservatives" who did this. It was both parties acting with massive support of the American public, as tyrants in the public sector licked their chops. This was a result of security-minded madness, and even now hardly anyone cares.

Today, every single citizen, no matter how free he or she may feel in daily life, is in reality a sitting duck. You can be made to disappear. There is essentially no way you can escape once the feds sweep you into their net. There is no justice. The total states of the past used to pretend to have trial-based convictions. The total state of the present doesnít even bother. It just puts a sack over your head and takes you away.

What happens then? Your loved ones cry. They try to move close by to where you are holed up, typically several states away. They are bankrupted and ruined. And what of your coworkers, your friends, your social set? They might want to help. They might feel bad for you. But the fact is that you pleaded guilty, and you have not even a chance to tell your side of the story. For all anyone knows, you got exactly what you deserved. So they do the only thing they can do: they forget about you.

And there you languish until the system decides you are taking up too much room. Perhaps it is ten years. Maybe twenty. At some point, the doors open again and you are free. But you are ruined: bitter, talentless, emotionally changed, physically debilitated, and Ė if you are young and slim Ė gang raped. There is no point in contacting the friends that abandoned you. Members of your family have moved on; they have lives, too, and had to live them out. In terms of employment, you are a washed up ex-con.

The US has the largest prison population in the world Ė 2.3 million people. Thatís more than 1 in 100 people. Thatís more than the population of Latvia or Slovenia. Thatís nearly the entire population of Nevada. Thatís Wyoming, DC, North Dakota, and Vermont combined. If the prison population had Congressional representatives, they would have four seats.

These people are politically, socially, culturally, and economically invisible. How many are actually guilty? We canít know. How many could be let out today to make a wonderful contribution to building a productive society? We donít know. How many are completely nonviolent, not even guilty by any normal standard of law but only guilty according to the letter of the current dictatorship? Probably a majority. Perhaps a large majority. In the New Testament, visiting prisoners is equated, as a good deed, to visiting the sick. And we do not think of the sick as guilty.

Yet the rise and entrenchment of the American police state are rarely questioned. Public opinion is mostly happy with the whole thing. There can never be too much prosecutorial power, never too many police, never too many prisons, never sentences that are too long. No one says: "We should not be so tough." The entire ethos is the opposite. A rare story such as the one in the NYT recently is too little to wake anyone up.

How could this have happened in America? Well, looking back, it seems that it all stems from a single flaw: the belief that the most essential institution in society is the state that protects us from criminality and must maintain a monopoly over justice. Some of the greatest defenders of freedom otherwise have been happy to make this one concession to the state. And this one concession is now a major source of our undoing as a free people.

There are reforms that we can make. No more plea bargains in federal cases. Restore basic human rights. Give judges and juries back their discretion to evaluate each case, and permit them to rule on the merit of the law, too, in the common-law tradition. A push back to grant basic Constitutional protections would be a good first step.

However, in the end, what is really needed is a fundamental rethinking of the notion that the state rather than private markets must monopolize the provision of justice and security. This is the fatal conceit. No power granted to the state goes un-abused. This power, among all possible powers, might be the most important one to take away from the state.
__
Llewellyn H. Rockwell, Jr. [send him mail], former editorial assistant to Ludwig von Mises and congressional chief of staff to Ron Paul, is founder and chairman of the Mises Institute, executor for the estate of Murray N. Rothbard, and editor of LewRockwell.com. See his books.

Copyright © 2011 by LewRockwell.com.





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Comments 1 - 11 of 11 Add Comment Page 1 of 1
Dave

Posted: Sep 27 2011, 9:26 AM

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<Restore basic human rights.>

gees, talk about short circuiting human intellect. human rights, that is the lock without a key, how london did it and doesn't have the power to stop it. if i was to have meaningful rights, in a world that had the violence of the law, i would need more powerful weapons than my oppressor. the state operates by gang warfare, jumping on the individual, quite some weaponry would be needed if the state is armed. to campaign for the human rights is to campaign for the owners of those rights to abuse the campaigner and if they are a genuine nuisance as happened in northern ireland for example, they are eliminated.

did a lawyer write this? some politician seems to have.
Dave

Posted: Sep 27 2011, 9:35 AM

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i was reading the joint chiefs of staff vision 2020 stuff:

<Information, information processing, and communications networks are at the core of every military activity. Throughout history, military leaders have regarded information superiority as a key enabler of victory. However, the ongoing information revolution is creating not only a quantitative, but a qualitative change in the information environment that by 2020 will result in profound changes in the conduct of military operations. In fact, advances in information capabilities are proceeding so rapidly that there is a risk of outstripping our ability to capture ideas, formulate operational concepts, and develop the capacity to assess results. While the goal of achieving information superiority will not change, the nature, scope, and rules of the quest are changing radically.

http://www.dtic.mil/doctrine/jel/jfq_pubs/1225.pdf

they don't have information superiority, indeed their own report is evidence they are stuffed. a mind control cult like the US military doesn't have one the most useful things on this planet; freedom of speech. therein is a contradiction as censorship is what allows them to exist at all. they are so obviously liars, the whole show is collapsing.

the internet is key in providing a free channel for people to speak. that includes being human, getting it wrong and as i see in numerous articles on the net, getting it deliberately wrong. there are many forms of mind control cult based on fanatical interference with other people's lives, all of them rely on censorship.
Dave

Posted: Sep 27 2011, 9:39 AM

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<Freedom of speech is the freedom to speak freely without censorship. ...>

ok, i'll go with that, that is what i am doing

<...The right to freedom of expression is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). Article 19 of the ICCPR states that "[e]veryone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice". Article 19 goes on to say that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or of public order (order public), or of public health or morals".>

this is different, this is legal land, one of the most vicious of outfits as the violence is disguised. for national security or public order. we have contradictions, that is political language. it is a bit like catch 22, if you wish to leave the US military you have proved you are not mad.

http://en.wikipedia.org/wiki/Freedom_of_speech
Dave

Posted: Sep 27 2011, 9:45 AM

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<Give judges and juries back their discretion to evaluate each case, and permit them to rule on the merit of the law, too, in the common-law tradition.>

'common law', lets see if we have found any secret society hocus pocus. though wiki is run by the thought police it is a convenient first reference.

<Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law,[1] on the principle that it is unfair to treat similar facts differently on different occasions.[>

yes, everything is contextual down to and including the individual, but and here is the rub, law of precedent, context just disappeared, one 'judge' makes decisions which are then precedents, a rolling law in which public space is progressively eliminated. once again a contradiction, law is founded on contradiction, the entire industry a fraud. they know this secret is out.
http://en.wikipedia.org/wiki/Common_law

in britland, the state of stich up, saturated at this time, is sometimes referred to as a constituation, the current state of stitch up cons. legal precedents, law goes first then people as one expects with a law society. it officially means this, that members of the law society create law on the hoof).
http://en.wikipedia.org/wiki/Precedent

constitution is the current state of the stitch up of the stitch ups. this includes the law society in conjection with the US military who as policeman not only are the law, the victims of mind rape that work for them are used to staff the judicial system.
Dave

Posted: Sep 27 2011, 10:07 AM

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as part of the military department of central banking, the bbc is busy at the moment conducting a (very slow and partial)controlled demolition. demolition of influences as it happens, this includes such targets as ministers, in legal land that would be sedition at common law. the law is what allows a politian to be a dictator. deconstruction of the actuality and ideology is long overdue.

that deconstruction is in my view too slow and is itself based on lies and contradictions. to hold together the state at this time, to keep society would be explosive pressure, threaten planet busting violence (including elements of the US military as usual) or require outlets for venting massive violence, blood sports and all that.
friendstacy

Posted: Sep 27 2011, 11:04 AM

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if it's any kind of freedom they are talking about, it cannot: "therefore be subject to certain restrictions"

you have the right to remain silent. but what if i don't want that right?

thanks dave
Dave

Posted: Sep 27 2011, 10:01 PM

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with those legal ticks it is death by increment, it marries well with fabian socialism.

for an example on this duality system of gov, many years ago someone invented a scanner for use at airports, it would sniff explosive and drug residues off airline tickets. redefine life as business and the best business is a prison (open or closed format) so a patent is filed to protect the commercial value of the product.

the freemasons run the patent office (hence einstein). thus all the world's secret services were familiar with the technology. the effect is that while the public were barred from protected drug use, organised terrorism and drug trafficking got smarter. now they put some of this security stuff in public view for pavlov conditioning, in part we are being shown a glimpse of what has been going on behind the scenes.

mafia get smarter, public get dumber until like now, aims stand in direct opposition and not just public wise up, a conscious experience all round is in the offing.
Dave

Posted: Sep 27 2011, 10:18 PM

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previously a poster explained a cartoon as symbol of the third way. the bbc were running a test, for the good of the group. the presented caller was for the good of the group, no other position was offered. this was done in the context of football, one of the big roman circuses in britland.

behind the scenes there is likely much hocus pocus going on but what was presented was that a star player of manchester city wouldn't play, wanted the sack to quit the side. i'll put it in a poem, or try to.

it was bbc V live, stimulaton of the reality control net where the the collective unconscious is read back as part of assessing the 'did the con work', 'what is' and 'what is possible'.
Dave

Posted: Sep 27 2011, 10:25 PM

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making the foot fit the boot

bbc ran tests today
good of group or one
a footballer refused to play
and spoiled the teams' fun

they say he must be punished
for going his own way
it is good of group
that must hold sway

labour claimed left wing
and conservatives to the right
then blair he took the middle ground
and nowhere left for inside fight

welcome to real football
the supporters bought on block
pick a team to join
and stay inside the flock

these are mason rules
for good of the hive
they get extra honey
and society seems to thrive

but bees they carry poison
there is a sting in tail
for when you build a prison
all of us will fail

empires come and go
a world built out of war
but now there is the internet
and lies so large can stand no more
Dave

Posted: Sep 27 2011, 10:59 PM

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a story behind the news as it were

the dod and full spectrum dominance includes weather crisis creation and with so many hurricanes reported it is perhaps worth a mention on that topic less environmentalism becomes a new empire religion fronting a technocracy not to mention there are rather a lot of apocalypse films on the shelves.

one story goes (there are several) that a weather station in france was experimenting on cloud creation, burners covering an area a bit bigger than a football pitch, when they came to find they can create whirlwinds. patents were filed for such things as hurrican power generation, in powerland it is a small world and every technical advance a new weapon for the incumbant and something else to throw at the general population that life is redefined as distressing.

that particular example was in the 60's, some years after that as part of the predictive programming tv was showing rain flooding as fictional drama, tavistock and the crisis media prefer the term now of 'flash floods' i presume as it is more stressful.

though the species has survived all this reportedly some aspects of crisis creation on the weather front had reached tipping point, after which control is lost and the environment takes over politics, not the political homeostatic control intended.
James Smith

Posted: Aug 21 2013, 2:54 PM

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177158
It isn't as if any rational person still believes the USA is a free country. Think about it. No-warrant wire taps, indefinite detention of citizens without charges, approval of rendition of prisoners and torture, stop and frisk without probable cause, search and seizure without a warrant, no-knock entry, confiscation and destruction of cameras that might have been used to film police acting illegally, police brutality, police shootings that go without investigation, managed news, and the civil-rights destroying "Patriot" Act.


Acts of police behaving illegally, with shootings, Tasers, and unwarranted violence now appear almost daily. Rarely are these offenses punished. Most often "an investigation" is claimed, but soon forgotten.



In addition, the USA, with 5% of the world population, has 25% of all of the prisoners in the world. That means the USA has the most people in prison of any nation in history. Even by percentage of residents incarcerated, not just sheer numbers. USA is # 1!

 Does any of that sound like a free country?


As Dwight D. Eisenhower said about communism, "It's like slicing sausage. First they out off a small slice. That isn't worth fighting over. Then they take another small slice that isn't worth fighting over. Then another and another. Finally, all you have left is the string and that isn't worth fighting over, either.
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