27 March, 2006

Immigratioin Issues Spark Protests From Liberal Idiots Again.....

Hmmmm.... appearantly the Senate was easily cowed by the protests of a lot of illegal immigrants, that should have been arrested on site and deported to thier country of origin. So our soveriengty is not as important to any of our elected senators to the U.S, Senate. This bill would have made it a federal felony to illegaly immigrate into this country, it would have strengthened the laws against those that knowingly hired illegal immigrants. It would have saved the American constituency millions of tax dollars.

So let me bring up an article that I wrote last year as a reminder of what these impotent polticians seem to forget:

Illegal immigration seems to some to be a hot issue that involves racism, guess what, RACISM IS NOT THE ISSUE, Liberals have flipped this card out to supposedly prove that AMERICANS ARE RACIST. So here are the facts as I see them:


FACT: Legal Immigration is NOT a CRIME. Any immigrants using this method to come to the United States are not criminals. I have no problem with this concept. Legal immigration is good for the US in economic terms. Most legal immigrants are not criminals and they contribute greatly to American society.

FACT: Illegal Immigration IS A CRIME, Therefore ALL IMMIGRANTS USING THIS METHOD TO COME TO THE UNITED STATES ARE CRIMINALS, whether they illegally cross our borders or overstay their visa. I have a major problem with ILLEGAL IMMIGRATION. It is bad for the American economy as there is no taxes paid by illegal immigrants, they are a drain on taxpayer money (nearly $310 billion a year in illegally obtained aid on local, state, and federal levels according to the U.S. Immigration and Naturalization Service. This is taxpayer money that can best be put to better use for the American taxpayers, such as education, roads improvement, the United States military, or social security benefits for United States CITIZENS only), and they contribute nothing to American society except criminal activity. A sheriff's deputy shot and killed by an illegal immigrant in Denver, Colorado, who ran back to Mexico to avoid criminal prosecution. A lady murdered by an illegal immigrant in Michigan, who ran back to Mexico to avoid criminal prosecution. A group of woman sexually assaulted in Overland Park, Kansas by an illegal immigrant who ran back to Mexico to avoid criminal prosecution. An illegal immigrant family murdered in a Miami, Florida hotel room, their 12 year old daughter kidnapped by an illegal immigrant, who went back to Mexico with this 12 year old girl to avoid criminal prosecution. Drug smugglers who bring the drugs across our borders to poison our youth. Need I go on. Where and when do we as United States Citizens put a stop to this bullshit. U.S. citizens who support this method of immigration by aiding, abetting, and hiring these criminals need to be tried and punished TO THE EXTREME, by this I mean they need to be tried and punished capitally for treason during a time of war.

FACT: The United States IS AT WAR with those whom seek the total destruction of everything that stands as American or western civilization, including ordinary citizens such as you and I. Being at war means that the United States NEEDS to defend its borders from all incursions of people that intend harm against our nation, whether that is economic, criminal, or Terrorist. This includes all illegal immigrants. The Mexican government is actively undermining U.S. law by encouraging their citizens and Foreign Nationals to cross the borders at areas that are not as observed as say an established crossing point. MS-13, A supposed Salvadorian street gang (I don't think they are a street gang, I say that they are a terrorist organization and need to be hunted down like terrorists and destroyed), is actively assisting known terrorist organizations to cross US borders to better attack our citizens and infrastructure. Supposedly Mexico has caught two iraqis at the border trying to cross into the U.S. Two out how many other potential terrorists that may have succeeded in crossing our southern border to attack U.S. Citizens? That is why I say that we need fixed lines of Military, National Guard and the State's militia to protect our borders lethally against these threats to our economy, our national security, our sovereignty, and our citizens safety. I say it is time for a reality check.

It is going to take another grand terrorist attack, to actually get people out of the state of complacency that they are in about our borders and realize that we are still vulnerable to attack. Maybe the liberals will realize that too (somehow I doubt that, they want to understand the terrorists, give in to everything demanded by terrorists, and help the terrorists; instead of hunting down the terrorists and destroying them).Maybe the conseritives will get it also(though I doubt it, they want cheap labor at the exspense of the American Economy). It is time to get off our lazy ass's and shut down the borders ( except at legal crossing points) and protect what is ours. To those who say that this is to extreme, I say this is our country, we have every right to protect it the way is best and the best way to protect our country is with lethal force. WAKE UP AMERICA, BEFORE IT IS TO LATE.

Evan

05 March, 2006

Week 3 Essay...

Solicitation and Conspiracy
The differences

Evan E. Kerr
CJ 105 Criminal Law
1135 Tuesday - Thursday

Conspiracy and solicitation are both inchoate crimes. The crimes have differences in actions and punishments that vary in statutes from state to state. To see the differences you have to look at the definitions to start and then the statutes that apply to the crime. The Missouri Revised Statutes does show differences between conspiracy and solicitation.

In the textbook Criminal Law Eighth Edition the definition of conspiracy is the crime of agreeing to commit a crime, the statute in the Missouri Revised Statutes reads as:

· A person is guilty of conspiracy with another person or persons to commit an offense if, with the purpose of promoting or facilitating its commission he agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such offense. 564.016 RSMo

The statute also goes on to explain the elements that are required for this offense and what is required for conviction. The major requirement for a conviction on the charge of conspiracy is that an overt act in the conspiracy must occur. The conspiracy statute recommends what the punishments are based on the level of conspiracy (dependent upon the type of crime being conspired) is.

Solicitation is the crime of getting someone else to do a crime for you according to Criminal Law Eighth Edition. The Missouri Revised Statutes has no real statute against solicitation, according to an article in the May June 2000 addition of the Missouri Bar Journal, Criminal Attempt law In Missouri: Death of a Tale of Two Theories by H. Morely Swingle, Mr. Swingle writes this about solicitation:

· …Solicitation amounting to a substantial step can constitute an attempt in Missouri. {State v. Malasky, 765 S.W.2d 597, 601-602 (Mo. Banc 1989)} The Comment to the Criminal code points out that soliciting an agent to engage in conduct constituting an element of the offense amounts to a substantial step “if strongly indicative of the actors criminal purpose” {Section 564.011, V.A.M.S. Comment to 1973 Proposed code.}

The crime of solicitation in Missouri becomes an attempt and is dependant upon the statute of attempt to prove the case through a “substantial step” of hiring or urging an agent to do a crime for the actor. Punishment of this crime is dependant upon the level of the crime the solicitor wants done and is actually less severe than the punishment of the actual crime.

Solicitation differs from conspiracy in Missouri Revised Statutes as it is considered an Attempt.

Sources:

1. Criminal Law Eighth Edition
By Joel Samaha
Copyright 2005 Wadsworth of Thomson Learning Inc
Library of Congress Control Number: 20041044326
Student ISBN: 0-534-62991-1

2. Criminal Attempt Law In Missouri: Death of a Tale of Two Theories
By H. Morely Swingle
Journal of the Missouri Bar
Volume 56 – No. 3 May June 2000
As posted at:
http://www.mobar.org/journal/2000/mayjun/swingle.htm

3. Missouri Revised Statutes
Title XXXVIII
Chapter 564 Inchoate Crimes
Sections 564.011 Attempt and 564.016 Conspiracy
As posted at:
http://www.moga.state.mo.us/statutes/chapters/chap564.htm

02 March, 2006

My First Essay for Criminal Law....Enjoy

Jailing Mental Illness

Evan E. Kerr
CJ 105 Criminal Law
1135 Tuesday - Thursday


According to Human Rights Watch in their published Study Ill Equipped: U.S. Prisons and Offenders with Mental Illness summarizes at the beginning of the publication that there are between two and three hundred thousand men and women in U.S. prisons that suffer from some form mental disorder such as schizophrenia and depression, and bipolar Disorder. Also stated in the summary “ an estimated seventy thousand are psychotic on any given day.” How are these prisoner with mental illness dealt with within the corrections domain? On many occasions they are not dealt with at all, and if they dealt with it is dealt with by isolating the prisoner from general population.

Prisons are not meant to be mental health facilities, they are institutions of punishment of convicted criminals, yet those that suffer from mental health issues are sent to prison because of their mental health problems and encounters with the police after a crime has been committed. “Many of the men and women who cannot get mental health treatment in the community are swept into the criminal justice system…” (Ill Equipped: U.S. prisons and Offenders with Mental Illness) The fact that they are sent to prison for a mental disorder can be seen as a cruel and unusual punishment due to the prisons mental health services deficiencies, little or no funding, understaffing, and limited programs. In many cases prison guards have little training in recognizing or dealing with the mentally ill prisoner.

In the 20 October 2001 Issue of the Milwaukee Journal Sentinel an article appeared about a class action suit filed in 2000 by two inmates at the Wisconsin Supermax prison alleged that their incarceration was cruel and unusual punishment and violated the U.S. Constitution because of their mental illness. U.S. District Court Judge Barbara Crabb agreed with the claim and ordered five inmates removed to facilities that could better handle their mental health needs. Crabb allowed the class action suit to move forward and the case was to begin in July of 2001 until a settlement was reached 24 January 2002 after 8 negotiations with a stipulation that mentally ill prisoners where not to be incarcerated at all in the Supermax. The Wisconsin Supermax prison was never meant to house the mentally ill, the Supermax was originally meant for prisoners with extreme violent behavior, and repeated escape attempts. The officials had the mentally ill incarcerated in the Supermax based upon the prisoner’s behavior profiles, which did not take into account the prisoners mental health problems.

To summarize, there is a need to better assist those that have a mental illness that may result in a in altercation with law enforcement, that may result in imprisonment, the use of a medical alert bracelet would inform officers that they are dealing with a person that has mental disorder, the police can take that person to the mental health hospital instead of to jail. Better training of prison staffs to recognize potential mental illness that may be present, and more mental health professionals added to prison staffs to assist in diagnosis of potential mental illness of the prisoners, and to help care for the prisoners needs while incarcerated.

Sources:

1. Ill Equipped: U.S, Prisons and Offenders with Mental Illness (PDF) by Sasha Abramsky and Jamie Fellner Copyright 2003 by Human Rights Watch
2. Bipolar Disorder and Law Enforcement by Patty Fleener M.S.W. Bipolar Disorder Today http://www.mental-health-today.com/bp/art16.htm copyright 2002-2005 Patty Fleener M.S.W.
3. Supermax Comes Under Scrutiny: Judge says conditions are harsh for mentally ill; officials defend placement by Richard P. Jones Milwaukee Journal Sentinel 20 October 2001 as posted at http://www.prisoncentral.org/prisoncentral/supermax/