MONSTROUS INJUSTICE: PRETRIAL DETENTION OF PEOPLE WHO HAVE NEVER BEEN SENTENCED
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Subject to totally nude strip and body cavity searches, people who are presumed innocent sit in jail for indefinite periods of time awaiting trial on the authority of one federal court judge. Congress, in a misguided attempt to get tough on crime, passed the Bail Reform Act (1984) giving judges new powers to throw people in prison prior to any conviction. The judge has full discretionary authority to detain people pending trial. Although the Bail Reform Act does provide some safeguards for individuals accused of 1. being dangerous to society and 2. being a flight risk, the discretion of the judge is all that is needed to put someone in prison regardliess of these safeguards. The Bundy family and several others are perfect examples of this monstrous injustice by the courts. Failing to prove by clear and convincing evidence, a very high evidentiary standard, that the Bundys were dangerous or flight risks, the federal judges used their broad discretion to place the Bundys et al in federal prisons, subject to the same treatment as convicted prisoners. There is a built in conflict of interest and a bias in favor of government prosecutors, given that federal judges work for and socialize with other federal employees, including the same prosecutors. The built in bias of having a federal judge, paid by the federal government, decide cases prosecuted by other federal employees is so obviously unfair as to shock the conscience. The monstrous results of the Bail Reform Act in overturning 500 years of bail law, going back to the Magna Carta, is that the USA has more prisoners per capita than any other country in the world. 97% of all cases never go to trial and are resolved through plea deals. Abundant studies show that plea deals force confessions of guilt from innocent people, denied their due process at trial, in order to avoid the horrors of prison life. To make matters worse, federal judges sabatoge the presumption of innocence until proven guilty under the notion that they are not punishing anybody, they are merely regulating somebody through prison confinement pending trial. Such thinking takes us into a whole new level of Orwellian double speak. Pretrial detention has the same effect as punishment of a convict, by denying freedom and liberty, access to family, limited access to law libraries and attorneys and a host of other consequences for being in prison.
THEREFORE, WE REQUEST THAT YOU GIVE THIS MATTER THE UTMOST ATTENTION AND PRIORITY BY NOT ONLY PASSING REMEDIAL LEGISLATION BUT BY INVESTIGATING THE BUNDY CASE. THIS NOT ONLY AFFECTS THE BUNDYS, BUT ALL AMERICANS. BECAUSE, IN THE FINAL ANALYSIS, JUDGES ARE IMPERFECT HUMAN BEINGS WITH THEIR OWN AGENDAS AND IDEALOGIES. THAT IS WHY THE FOUNDERS GAVE US JURIES, KNOWING FULL WELL THE CORRUPTION THAT EXISTS IN GOVERNMENT.
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