PETITION FOR IMMEDIATE RELEASE FOR ALL QUALIFYING STATE AND FEDERAL INMATES & ALIENS

PETITION FOR IMMEDIATE RELEASE FOR ALL QUALIFYING STATE AND FEDERAL INMATES & ALIENS

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Ghost Exodus started this petition to President Donald J. Trump and

PETITION FOR IMMEDIATE RELEASE FOR ALL QUALIFYING STATE AND FEDERAL INMATES, AND DETAINED ILLEGAL IMMIGRANTS


“ATTN Prison System: Stop waiting out this global viral pandemic and subjecting the incarcerated population to inhumane conditions that have resulted in mass infections and unjust death sentences. Inmates are living in fear while dwelling in what is perceived as a petri dish, unable to practice social distancing like the rest of society, suffering inadequate sanitation, below standard meals, cut off from families and loved ones and lastly, are paying an ultimate price that grossly outweighs the purpose of the sentences imposed, and, ostensibly the crimes they committed.”


The General Assembly of the United Nations inserted the prohibition against torture in the landmark Universal Declaration of Human Rights. Article 5 states: "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." 


The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”


                                                   PRAYER

(I)  The signatories herein, petition the Attorney General, House of Representatives,

and any or all able local and state representatives to support and GRANT this

petition TO IMMEDIATELY  RELEASE ALL QUALIFYING INMATES; AND

(II) and (III) Certain inmates designated as VIOLENT OFFENDERS be 

RECLASSIFIED as nonviolent offenders under certain qualifying special conditions.

(IV) Contact Visitation privileges be REINSTATED for ALL non-quarantined inmates.

(V) Qualifying detained illegal immigrants be granted IMMEDIATE RELEASE and

deported back to their country of origin (VI) New social distancing guidelines at ALL

federal and state correctional institutions which allow MAXIMUM access to 

outdoor recreation faculties in order to limit inmates’ exposure to 

the virus, instead of locking them in their housing units where 

practicing social distancing is an IMPOSSIBILITY. 


(VII) Inmates must CONTINUE being fed a minimum of 3 FULL nutritious 

meals a day that are NOT reduced to “johnny sacks” or high calorie 

replacements.

 

                                                   I.


                                  GENERAL OVERVIEW

Due to the onset of COVID-19, county jails, state and federal 

prison institutions as well as immigration detention centers have 

failed in their responsibility to provide reasonable security and 

health provisions for the national inmate population as it directly 

relates to the exposure and spread of COVID-19. 

The number of  COVID-19 related deaths among inmates and correctional 

officers has now surpassed 1,000, with more than 160,000 infected, 

according to various news sources. None of these inmates were death 

row inmates. The gross negligence of these institutions and the 

agencies that govern them, in conjunction with the immobility to 

release qualifying inmates has resulted in massive infection and LOSS 

OF LIFE.

It is a documented and uncontested fact that inmates are not able to 

adequately protect themselves from the risk of exposure to COVID-19, 

because the infrastructure that houses them is not designed nor 

equipped to provide an adequate means for social distancing practices. 

THEREFORE, it is the PRAYER of these petitioners that qualifying 

inmates from ALL institutions and places of confinement be released 

IMMEDIATELY and that such actions required by the federal, state, 

county, etc, NO LONGER BE DELAYED.


                                                          II.  


                    RECLASSIFICATION OF PUBLIC SAFETY FACTOR IN

                                 CERTAIN VIOLENT OFFENSES


(i) Women (and Men) who, in cases of self defense, used deadly force  

against their abuser, or who were acting in the defense of another, 

should henceforth be reclassified as non-violent offenders and granted 

 

                                                      III.

       IMMEDIATE COVID-19 RELIEF THROUGH RECLASSIFICATION


(A) Individuals convicted of 18 U.S.C. 922(g) and individuals under Title

18 USC 924(c) punishments, must be reclassified as NON-VIOLENT OFFENDERS 

and the required mandatory minimum waived  UNDER THESE NEW SPECIAL 

CONDITIONS, where (i) a firearm was not discharged during the 

commission on the offensive conduct, AND

(ii) the criminal conduct was in fact a victimless offense in the 

sense that the victim did not involve a flesh and blood living person. 

(iii) If an individual was charged as a felon in possession of a 

firearm or ammunition, though the preponderance of evidence 

demonstrated that the individual had not physically possessed the 

firearm or ammunition, and if the firearm or ammunition was owned by 

another party and not the felon in question - even if the individual 

had knowledge or not of the firearm or ammunition, or the potential to 

access it - in such cases the individual must be reclassified as 

NON-VIOLENT UNDER THESE NEW SPECIAL CONDITIONS and granted

IMMEDIATE RELEASE FROM CUSTODY. 

[18 U.S.C. § 922(g) states:It shall be unlawful for any person– (1) who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (2) who is a fugitive from justice; (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. § 802)); (4) who has been adjudicated as a mental defective or who has been committed to a mental institution; (5) who, being an alien- (A) is illegally and unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a non-immigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. § 1101(a)(26))); (6) who has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced his citizenship; FEDERAL CONSEQUENCES OF STATE COURT CONVICTIONS: PROHIBITED PERSONS AND FIREARMS (8) who is subject to a court order that–  to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.]

[18 U.S.C. § 924(c) pertains to: whoever knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922.]

(B) Individuals convicted of 18 U.S.C. 1111 offenses, UNDER THESE NEW

SPECIAL CONDITIONS must be reclassified as NON-VIOLENT OFFENDERS and  

the required mandatory minimum waived, where (i) the offender argued 

*SELF DEFENSE (and said claim fell within the scope of reasonable 

doubt, but was not established at the time of trial and/or 

sentencing), and was the victim of domestic abuse; OR

(ii) The offender committed the homicide in the defense of another who 

was the victim of domestic abuse in order to preserve the life of the 

victim where a reasonable amount of  excessive force was necessary, 

but was not premeditated with malice. 

The inmates who meet these qualifying special conditions should 

therefore be reclassified as non-violent offenders and granted 

IMMEDIATE RELEASE.

[*Self defense is defined as the following: 

self-defense n. the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger. Self-defense is a common defense by a person accused of assault, battery or homicide. The force used in self-defense may be sufficient for protection from apparent harm (not just an empty verbal threat) or to halt any danger from attack, but cannot be an excuse to continue the attack or use excessive force. 

18 U.S. Code § 1111. Murder (a) Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.]


                                                 IV.

                                     Contact Visitation

Inmates shall have contact visitation privileges. Certain facilities 

which limit an inmates’ interaction with members of the public, (i.e., 

family, friends, etc) through use of video visitation devices only, a 

wire mesh screen, a glass wall, or telephones provided by the 

institution, to be used for visitation purposes only shall no longer 

be used as the sole means for social interaction beyond the scope of 

inmate-to-inmate interaction. Limiting an incarcerated individuals

ability to continue to maintain and engage in meaningful non-inmate 

human interactions is counterproductive, toxic, and is an act that 

opposes the betterment and overall welfare of the inmate by removing 

the most critical innate component of all -  a component that provides 

human comfort and emotional support. Without these critical elements, 

the inmate is subject to a dehumanizing reality that he/she is cut off 

from family and loved ones and cannot have meaningful interactions 

with their own children. 

Correctional Facilities and Detention Centers shall 

provide necessary visitation rotation schedules for ALL local 

visitors and; Adequate provisions shall be provided for ALL non-local 

visitors. The determination between local and non-local shall be 

distinguished by the local policy procedures of each institution/facility.  

 


                                                      V.

    IMMEDIATE COVID-19 RELIEF FOR DETAINED ILLEGAL IMMIGRANTS


Individuals detained at Immigration Detention Centers must be 

immediately deported back to their country of origin if, (A) their 

current conviction was a non-violent crime; and (B) if their current 

conviction constitutes a victimless crime in the sense that the victim 

did not involve a flesh and blood living person. Under these special 

conditions the illegal immigrant should be granted IMMEDIATE RELEASE.


                                                    VI.


                     NEW SOCIAL DISTANCING GUIDELINES

It continues to proliferate the spread of the COVID-19 virus when 

state, federal and county prison institutions limit inmates’ mobility 

by leaving them confined to their housing units where social 

distancing is an IMPOSSIBILITY. 

Most institutions during COVID-19 lock downs allow only LIMITED 

access to outdoor recreational faculties, i.e. “rec yard”, where 

inmates would otherwise have the liberty to leave the enclosures of 

their housing units where exposure to the virus is higher. However, 

inmates MUST have MAXIMUM access to outdoor resources, which 

gives inmates the crucial environmental space necessary to social 

distance. This should allow prison authorities to sanitize the living 

areas of the inmate population, ensuring that sanitation has been 

executed correctly. Therefore, ALL inmates MUST IMMEDIATELY have the 

liberty to have MAXIMUM access outdoor areas (i.e., outdoor 

recreation) in order to LIMIT THEIR INDOOR EXPOSURE TO THIS LETHAL 

HEALTH HAZARD.

                                                   VI.


                            FOOD & CAFETERIA SERVICES

Inmates shall be fed a minimum of 3 FULL nutritious meals  a day which include a

calorie intake between 2,500 and 3,000 daily.

 (B)  Increased calorie intake is not an adequate replacement for food volume.

Inmates should not go hungry due to small  portioned, yet high calorie foods.

(C) Diminishing serving portions in favor of serving a small, calorie-rich meal is not

humane. Inmates should not be compelled to have to purchase food items from

commissary just to get their bellies full.

Jesse W. McGraw

Contact: info.ghostexodus@protonmail.com


Phone +1 (442)-264-4360


https://ghostexodus.godaddysites.com/


From the Office of the U.S. Justice Reforms Task Force


Published on Sunday, September 13, 2020

 

 

 

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