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Fear & Loathing In The System
Jim Kirwan
When there was a system of laws under which this country was supposed to be governed; there were officers of the courts at every level that were there to insure that the system was not abused or compromised; so that the public could expect to be treated fairly by the Criminal-Justice-System which was created to 'serve' them.
There are millions upon millions of lawyers in this country, with literally millions more in the educational-pipelines that continue to churn out lawyers at an astounding rate-yet none of these official officers of the courts-system seem to be troubled by what 'our system' has become. This indictment includes judges, prosecutors, cops, and virtually all the members of the political police-state that have taken over the public's last defense against the tyranny of the fascist state that has turned this nation into an occupied and desolate place where there is no longer any written rule of law.
Ours was never a perfect system, but as the saying went 'It was far better than whatever was in second-place.' That is no longer true because the US Department of Justice has been hijacked by fear and loathing for that same Rule of Law, which our old system attempted on occasion to uphold. This is the new paradigm that Cheney-Bush carved from the broken-stones of the fallen ideal in that ever-illusory battle between "Justice & The Law."
There is a basic disagreement over what is meant by "justice" as it exists or as it is seen within the legal systems of the world. This is not something that is easily understood; nor is it something that everyone will ever agree upon; It is rather one of those ever-shifting facts of life that comes in so many different shades of gray that it is impossible to define. To that end I offer my own abbreviated version of the relationship between the sword of Justice & the Rule of Law.
The Sword of Justice represents both adjustment to the laws, and the force necessary to enforce this uneasy and often difficult requirement. Part of the purpose behind the need for 'adjustments' is to arrive at a more just balance in society. 'Adjustment' in this instance is meant to apply to the individual, when he or she comes before any bar of justice; as opposed to how this might affect the whole society.
The sword is both the center of the scales of justice and a backstop for court's gavel; because this blade represents each of us when we are caught between the law and the system's scales of 'justice.' The choice each person must face is found in their own responsibility to act, whenever there is a choice between the law and justice. Laws are only words on paper-but until people back up the laws with blood and belief, there can never be any justice in whatever comes from the mechanisms of the faceless courts in today's fascist state.
The fire that climbs the blade stands for the courage that's needed to make the choice between 'justice' and our all too-human passion for revenge. For any of this beleaguered concept to work; our personal lives must be able to function in balance with that wider-world, that was still partially-operative when this image was created. These ancient concepts are no longer part of the discussion, because they can't be while Fear & Loathing rule the bench, the government, and the entire system that now demands unquestioning obedience over any aspect of what it was once our right to demand from both the system and from us. The sword is also a vivid reminder of the fact that there are consequences for everything that happens and especially for what each of us does or does not do; in what passes for everyday American life.
The entire system is still made up of individuals; people that can be called to account for the obscenities that are being committed across this land from the halls of government all the way down to the lowliest courtroom and from the massive 'security details' of the Secret Service all the way down to the thugs that now hold sway over the terrified herd with tasers and guns, to wire-taps and torture, without any need for either approval or oversight. Hundreds have died, thousands have been assaulted, and yet there have been almost no investigations at all, because these behaviors by the System have become the norm. Consequently the entire system is Criminal, and not just the now vacuously-obscene Justice System.
"It is legally permissible for police to zap a suspect with a Taser to obtain a DNA sample, as long as it's not done "maliciously, or to an excessive extent, or with resulting injury," a county judge has ruled in the first case of its kind in New York State, and possibly the nation.
Niagara County Judge Sara Sheldon Sperrazza decided that the DNA sample obtained Sept. 29 from Ryan S. Smith of Niagara Falls - which ties him to a shooting and a gas station robbery- is legally valid and can be used at his trial.
Smith was handcuffed and sitting on the floor of Niagara Falls Police Headquarters when he was zapped with the 50,000- volt electronic stun gun after he insisted he would not give a DNA sample.
He already had given a sample, a swab of the inside of his cheek, without protest the previous month. But police sent it to the wrong lab, where it was opened and spoiled. Prosecutors who had obtained a court order for the first sample went back to Sperrazza, who signed another order without consulting the defense." (1)
The facts in this case are skewed in several ways; but the decision by Judge Sperrazza created quasi-legal precedent from her bench and calls her personal competence into question, as well as her judicial error: not to mention those above her that allowed this to happen. Hundreds of people have been killed by police and security officers since Tasers were introduced-and since there was never any real testing for their safety vs. their effectiveness as a law-enforcement tool-their use by law-enforcement must be stopped (nationally) pending an actual review of everything related to Tasers, including the origin of this weapon and the contracts by which they suddenly became available to the now corrupted world of "law-enforcement."
"In her ruling, Sperrazza cited numerous legal precedents and the state's Criminal Procedure Law, allowing the use of reasonable force to carry out a court order.
Although there are no New York cases specifically dealing with using a Taser to accomplish that, the judge did find a Wyoming case where a court ruled it was legal to use a Taser to force a suspect to open his hand for a search. Balkin and other lawyers familiar with the case say they know of no other case in the country in which a Taser was used to gather DNA.
The decision Wednesday in Niagara County stunned Balkin, who admitted in court that he hadn't been carrying out trial preparation, such as seeking an expert to review the DNA test results.
"It's my fault," Balkin told Sperrazza. "I truly thought it was going to be suppressed." Balkin thought a victory on the Taser issue would lead to the dismissal of the 24-count indictment against Smith, 21, of Grove Avenue.
Sperrazza granted a postponement of Smith's trial to Aug. 10.
Smith is charged with shooting a man in the groin July 27, 2006, after allegedly invading his ex-girlfriend's home, tying up her two children and forcing the woman to take him to the shooting victim's home.
He is also accused of taking part in the Dec. 24, 2006, armed robbery of a Sunoco station in Niagara Falls. A codefendant in the robbery, Christopher T. Walker Jr., now 21, pleaded guilty and is serving a 10-year state prison sentence.
DNA was found on a can of pop taken from Smith's ex-girlfriend's refrigerator and on a glove dropped at the gas station. It matched a sample he had to give after a previous assault conviction, and prosecutors sought another sample from Smith to confirm the findings.
"Our case is mostly DNA," Deputy District Attorney Doreen M. Hoffmann said. She also said she didn't agree with Balkin that suppressing the DNA sample would have led to the dismissal of the indictment." (1)
The case here in which this "ruling" occurred, was not one wherein the defendant was not already someone that had been in the system before, on more than one occasion: However, the precedent set by Sperrazza must be officially reversed, or it will become common practice against anyone that might be questioned about anything, at anytime: Especially those who are not now inside the system!
The fact is there are no laws anymore in this country: There is only what those hiding behind authority choose to do to anyone that they might encounter anytime, anyplace or anywhere. When the existing laws are blatantly flaunted, as a matter of routine, then perhaps those in uniform as well as those behind the scenes and in the courts, might want to ponder why the Sword of Justice is double-edged.
1) Ruling Allowing Taser use to get DNA may be nation's first http://www.buffalonews.com/home/story/692141.html
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