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  • Hükümet Adı: Eric Van Buren
  • Sayı kayıt: 11044-068
  • Yaş:42
  • Zaman Served:14 yaş
  • Home Town:Washington D.C.
  • Cümle:YAŞAM
  • Şarj akımı:Drug Conspiracy
  • Takma ad:Big Erk, Freckle Face, Beezer
  • Yayın Tarihi:Clemency Candidate
  • Cezaevi Ortaklık:Another Chance 4 Legal (AC4L)
  • Etki daire:Marcus Martin, Another Chance 4 Legal
  • Kurum:USP Canaan
  • There is no honor in coming to prison. It does NOT make you a man.

Justice Scalia: A Rebel in His Own Regard

Justice-ScaliaIn the wake of the death of one of the mightiest Supreme Court Justices, Antonin Scalia, let’s reflect. No matter what side you find yourself on, and it may be both, it is clear Justice Scalia stood on his own principles and for the U.S. Anayasa. When looked at objectively we all should appreciate Justice Scalia’s body of work.

Sentencing Reform

If we take today’s sentencing reform as a measure of the complexity of Justice Scalia’s profound outlook on each issue, we should see the anomaly of a trailblazer who stood as a conservative and at the same time challenged both sides of the High Court when their decisions- for good or bad- trespassed on the Constitution.

Adalet Scalia bir kalıbın paradokslar için yıkmak değildi, Bugünün Adalet Sisteminde hangi cesaret ister.
Whether you see his opinions as absolute and accurate or desultory, one thing is clear, his rulings were consistent. Something rare in today’s judicial decisions.

One could argue that Justice Scalia was a bold man with a bold approach who spoke and acted boldly without regard to political correctness. One could argue he was a passionate man who was passionate about the Constitution and the preservation thereof. Imagine being of conservative stock but ruling for sentencing reform that may let thousand of prisoners free. This was Justice Scalia. A rebel in his own regard.

If you are a prisoner who follows or is subject to one of the many draconian sentencing mechanisms, you have lost a staunched advocate. Görmek Öğrenmek, 530 Amerika 466 (2000), Carachuri-Rosendo v. Holder, 560 US __ (2010), Booker
543 Amerika 220 (2005), Alemndarez-Torres, 523 Amerika 224 (1998), Johnson v. United States, 192 Led.2d 569 (2015).

Hearsay

Justice Scalia also championed the cultivation of how hearsay is used in criminal trials, stating “admitting statements deemed reliable by a judge is fundamentally at odds with the right of confrontation.” Içinde Williams v. Illinois, Scalia fought hard with the liberal side of the Court to ban the use of the business records exception to
the hearsay clause. He did things of this note on many different occasions.

Aslında, when ruling on gay marriage, Justice Scalia stated in force “What justification could there possibly be for denying the benefits of marriage to homosexual couples [s]urely not the encouragement of procreation, since the sterile and the elderly are allowed to marry.” A sentiment most liberals dare not repeat on certain stumps.

Maybe it is hearsay and myopic one mindedness that has many in opposition to Justice Scalia’s tenure. How ironic?

Controversy

I saw a headline today that stated Justice Scalia will be more powerful in death than he was in life. Maybe that’s why there was some suggestion of suspicion surrounding his death. If you are a juvenile defendant or a prisoner incarcerated for an extensive period of time since age of eighteen, I would think Justice Scalia’s passing may have
worked towards championing your cause. Görmek Miller v. Alabama, 183 Led. 2d. 407 (2011). The same would go for those who advocate OBAMACARE. Görmek National Federation of Independent Business et. için. v. Sebelius, __US__ (2012).

Ancak, if you are for sentencing reform and an advocate against the pervasion of the Rules of Evidence you may feel differently. Öyle ya da böyle, I do believe Justice Scalia’s legacy will be magnanimous. Powerful enough to influence the High Court for years to come.

Whether it’s Scalia’s own comments about not being influenced by his political affiliation when ushering George W. Bush into presidency, Görmek Bush v. Gore, 531 Amerika 98 (2000), O yapılan yorumlar genç v. UPS, In., 191 Led 2d. 279 (2015) concerning the Pregnancy Discrimination Act or his defiant defense of the 4th Amendment in riley v. Kaliforniya, 189 Led 2d. 430 (2014). It is safe to say that when Justice Scalia spoke we knew it to ring true within his heart.

The fear from the Republican party concerning President Obama’s new appointment confirms all my previous suspicions about Justice Scalia being used as a swing-vote at times. If this is the death knell for the so called swing-vote I am all for it. It is long over due. Beyond that I think today is a very solemn day. If not for President Obama,
I would be wary of the way forward.

Cause and Prejudice

To find an attorney ineffective you must first prove cause and prejudice. That means according to The Supreme Court the attorney’s performance was so deficient that the attorney actually prejudiced your case in some way.

According to The Black Caucus and Senate Minority Leader Harry Reid, Scalia’s slow-track comments were so absurdly racist that they renounced him. Dahası, just recently during oral arguments Justice Scalia made similar remarks that left the civil rights activists in the courtroom slack jawed. Let’s look at the cause and prejudice to see if indeed Justice Scalia was ineffective.

Ilk, Justice Scalia commented that Affirmative Action was not needed. His buddy Justice Clarence Thomas agrees. He stated that maybe it would not benefit black students by forcing them to schools that were too advanced for them. Dahası, he questioned the validity of the Act itself, stating minority students usually benefit better from slow-track schools. These same statements are also acquiesced by Justice Thomas the only black Justice on the Supreme Court.

Ikinci olarak, Justice Scalia acted to bring an end to Affirmative action and also made comments, along with Justice Kennedy, that said Pro Se litigants were a waste of time for the High Court and that pro se pleadings were nothing more than “written whining”.

Lastly, Justice Scalia’s comments outraged white pople. Senate Minority Leaders do not “renounce” Supreme Court Justices for off-handed comments. I believe there is more to this story. And more to his death. But I have no proof.

Can we argue that because Justice Scalia is probably just as racist as Clarence Thomas, this caused him to rule against “the black agenda” while residing on the bench? Given his work on sentencing issues it would be hard to believe his racism made him rule in favor of letting a lot of black defendants go. His dissent on juvenile issues was purely about the Constitution. Justice Scalia believed one should not bend the Constitution to their will, for right or wrong, or to right a wrong, as he stated.

Is there enough to say Justice Scalia was ineffective? I would say no. Is there enough to say he was racist? I would say YES!

I will play devil’s advocate. Literally, doğru? And I will posthumously advocate for the late Justice Scalia. I will stand in his defense. I will sum up Justice Scalia’s polarizing comments, opinions, and influences by stating that he did not posses the mens rea (intent) to purposely commit any of the charged offenses.

Minority Affiliations: Consider if you hung with Clarence Thomas all day. A man who he openly stated was “a very close friend . . . a man of wisdom and deserving of respect”. These two were bosom buddies. I am sure his perspective of blacks in general was cultivated and affirmed by Justice Thomas.

Era: Justice Scalia grew up in a very different era, an era when it was “kind-hearted and Christian” to treat
blacks with dignity, respect and some semblance of equality. He grew up in a world that was much simpler than our multicultural present. White men ruled the world, the word and the way we did things. It was a generally accepted conclusion that that’s what was best for our country. If we can agree on this we can agree he was under these influences. Intoxicated by an ideal that is frowned upon today but was openly accepted in every church,
courtroom and household thirty, forty, fifty, and sixty years ago. Therefore he could not have had the requisite
intent to commit these crimes. He was intoxicated as so many other judges are.

Summation

How many of us are willing to embrace change? In the eighty years of Justice Scalia’s life the world had changed more rapidly than any other time in history. Justice Scalia adapted. He may not have done so perfectly. Who has? Do you hold prejudices? Some people call them stereo types. I could go on but those without sin cast the first stone.

Look at your elders, even within your own family. How many off-based and racist comments have they made? Look how they cling to their ideals and morals. Would they be unbiased in their rulings? Could they flawlessly change with each decade? If they could, Justice Kennedy should be renounced. If they could not, they should not. Hatırlamak, if the glove don’t fit you must acquit.

I am sure whomever President Obama appoints will further the agenda of his administration. I could care less who is on the bench. I’ve been living in prison for 15 years with an unconstitutional sentence, recognized by the Supreme Court but never overturned by the lower courts. Corruption is so rampant because there is no oversight. Just like with Wall Street at one time. Remember that? When the conviction rates hover at 90%+ you know that defies all logic. Corruption must be afoot.

What The Black Caucus and Senator Reid should have renounced is the LIFETIME appointments doled out to judges. Judicial Monarchy. Son olarak, I believe we all hold prejudices. It does not shock me one bit that Justice Scalia spoke so matter-of-factly about his. It is NOT the SYSTEM. It is the application and implementation of The System that needs to be circumvented. There lies the corruption. Justice Scalia is merely its droppings.

May Justice Scalia Rest in peace. To me he was a very great man and deserving of such!

Eric Van Buren
Post-Conviction Strategist
Author of Yeme Dava Sanatı

Co-Founder of The TAWL Foundation
@Tawlfoundat
Tawlfoundation00@gmail.com

Legal consultant to:
Another Chance 4 Legal
Bitt of Law
Feldman Foundation

  

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