TELL THE SUPREME COURT: Rein in Over-Sentencing & Prosecutorial Power

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In our current legal system, prosecutors have tremendous power to choose and amplify charges while the Judges they argue before have extreme discretion as to how they hand down sentences. And when this happens, we are faced with the shocking reality that stands in direct contrast to our nation’s claim to guarantee the accused a fair trial.

The Supreme Court is currently in a position to address these issues in the case of ‘Sholom Rubashkin v. The United States of America.’ The case is before them for review.

It is not the guilty verdict that demands the Supreme Court’s attention, but the charges and harsh sentencing of a seemingly over-zealous judicial system. It is critical that the Supreme Court agree to review this case as it stands to set legal precedent for certain gray areas of the current law, like mandatory minimum sentencing, over-criminalization, prosecutorial power and the boundaries of the relationship between judges and the prosecutors who argue before them.

Tell the Supreme Court to ACCEPT this case. Tell them to HEAR this case. Tell them to rein in the Justice System they preside over — a system that currently sees over 95% of all cases end in a plea bargain rather than a constitutionally guaranteed trial by jury. Prosecutors are routinely piling on charges to create “slam dunk” cases and improve their personal “conviction rates.” Judges are sentencing for crimes with wildly varied results — your punishment may no longer fit the crime so much as it fits the courtroom in which you are tried.

In the case of Mr. Rubashkin, the federal government turned the largest immigration raid in US history into a bank fraud case concerning a $35 million business loan. Rubashkin was found guilty on 86 of 91 counts related to fraud. For those crimes, he faced over 1,000 years in prison. At sentencing, prosecutors sought a life sentence until six former US Attorney Generals and other Justice Department veterans wrote to the judge objecting to such harsh punishment. Prosecutors revised their request to 25 years in prison; Judge Linda Reade sentenced Mr. Rubashkin to 27 years – more than many other white-collar criminals whose crimes far exceeded the value of Mr. Rubashkin’s.

A subsequent Freedom Of Information Act request returned documents demonstrating Judge Reade had worked with prosecutors in the months leading up to the initial raid on Mr. Rubashkin’s business, creating what his defense argues “at the very least the appearance of impropriety.’

America is a nation of laws. Those laws must be administered fairly and equally, not separately and with creative discretion.

To those we grant power, we demand accountability.

Tell the Supreme Court to HEAR THIS CASE.

Tell them to hear your voice.

Petition Letter

Greetings,

I just signed the following petition addressed to: The Supreme Court.

—————-
Rein in Over-Sentencing & Prosecutorial Power

In our current legal system, prosecutors have tremendous power to choose and amplify charges while the Judges they argue before have extreme discretion as to how they hand down sentences. And when this happens, we are faced with the shocking reality that stands in direct contrast to our nation’s claim to guarantee the accused a fair trial.

The Supreme Court is currently in a position to address these issues in the case of ‘Sholom Rubashkin v. The United States of America.’ The case is before them for review.

It is not the guilty verdict that demands the Supreme Court’s attention, but the charges and harsh sentencing of a seemingly over-zealous judicial system. It is critical that the Supreme Court agree to review this case as it stands to set legal precedent for certain gray areas of the current law, like mandatory minimum sentencing, over-criminalization, prosecutorial power and the boundaries of the relationship between judges and the prosecutors who argue before them.

Tell the Supreme Court to ACCEPT this case. Tell them to HEAR this case. Tell them to rein in the Justice System they preside over — a system that currently sees over 95% of all cases end in a plea bargain rather than a constitutionally guaranteed trial by jury. Prosecutors are routinely piling on charges to create “slam dunk” cases and improve their personal “conviction rates.” Judges are sentencing for crimes with wildly varied results — your punishment may no longer fit the crime so much as it fits the courtroom in which you are tried.

In the case of Mr. Rubashkin, the federal government turned the largest immigration raid in US history into a bank fraud case concerning a $35 million business loan. Rubashkin was found guilty on 86 of 91 counts related to fraud. For those crimes, he faced over 1,000 years in prison. At sentencing, prosecutors sought a life sentence until six former US Attorney Generals and other Justice Department veterans wrote to the judge objecting to such harsh punishment. Prosecutors revised their request to 25 years in prison; Judge Linda Reade sentenced Mr. Rubashkin to 27 years – more than many other white-collar criminals whose crimes far exceeded the value of Mr. Rubashkin’s.

A subsequent Freedom Of Information Act request returned documents demonstrating Judge Reade had worked with prosecutors in the months leading up to the initial raid on Mr. Rubashkin’s business, creating what his defense argues “at the very least the appearance of impropriety.’

America is a nation of laws. Those laws must be administered fairly and equally, not separately and with creative discretion.

To those we grant power, we demand accountability.

Tell the Supreme Court to HEAR THIS CASE.

Tell them to hear your voice.
—————-

Sincerely,

[Your name]

SIGNNNNNNNNNN

http://www.change.org/petitions/tell-the-supreme-court-rein-in-over-sentencing-prosecutorial-power

Groups denounce sexual assault of 8-y-o girl, four others
Thursday, September 27, 2012

SEVERAL groups, including the Government and Opposition, have condemned the brutal rape of an eight-year-old and four other females in the community of Irwin in St James on Monday night.
Describing the incident as “intolerable”, Prime Minister Portia Simpson Miller — who is attending the United Nations General Assembly in New York — “called on the police to leave no stone unturned until those who carried out this kind of appalling violence against five women and girls are brought to justice”.
Residents gather in the community of Irwin, St James, where the five females were raped Monday night. (Photo: Kenroy Pringle)
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She also encouraged “anyone with information to help the police in their investigations so the full force of the law can be brought swiftly against the heartless criminals who could commit this barbaric act against children and women”.
Meanwhile, Opposition Spokesman on National Security and Justice Delroy Chuck expressed shock and dismay at the incident and used the opportunity to call on the Government to fast-track the anti-gang legislation.
“…There is increasing lawlessness within the society and citizens are losing confidence in the system’s ability to protect them,” Chuck said and called on all Jamaicans to play a role in maintaining law and order in the society.
The University of the West Indies-based Institute for Gender and Development Studies Mona (IGDS) said the incident has highlighted “the need for government, civil society and all Jamaicans to take more serious action to eliminate violence against women and girls”.
“Rape is a serious crime and women and girls are the main victims because of the unequal power relations that exist between males and females, and society’s tolerance of violence,” the IGDS said in a statement and urged the country to use the terrible incident as motivation to renew the commitment to eliminate all forms of violence against women and girls.
The Bureau of Women’s Affairs also condemned the incident, saying it showed an increasing lack of respect for women and a continued violation of women’s human rights.
“The nature of the violence against women and children in particular, is disturbing and a cause for great concern and should spur us all to affirmative action,” the bureau said.
In the meantime, the Child Development Agency (CDA) said it had deployed officers to Irwin to offer counselling and support the efforts of the police, as well as to inform the families about steps to be taken to ensure the safety of the children.
The CDA said it was also “treating with great urgency” a case in St Ann involving an 11-year-old girl who was repeatedly sexually assaulted by an older relative.

Read more: http://www.jamaicaobserver.com/news/Rape-condemnation_12632597#ixzz27gatVUjM

Girl A Cus & A Talk Di Things Dem….-new by metshani

MET,

Does any of your blog readers have info on how long a standard letter or small book (dimensions/weight of a small bible) with no value to declare; sent by the USPS standard international mail unregistered might take from the USA (Atlanta or Florida) to Kingston?

I’ve heard a simple birthday card can take up to 15 days in some instances, however mailing letters to Kingston seems to be more reliable then let’s say Montego Bay and arrives in a shorter time frame. Others have said it depends …It might be delivered or it might not ever reach the recipient. It’s a gamble.

Apparently the US Postal Service cannot provide an estimated number of days, however the postal clerk guessed it might take anywhere between 6-10 days.

You would be surprised how little concrete delivery info is available on the net about regular mail from the U.S to JA.

Of course I just had to ask the best source of news and info available on all things Jamdung.

Any info/shared experiences from your readers would be much appreciated.

P.S… This is a completely unrelated question out of left field but I’m curious & puzzled as hell.

What’s the deal with all the bleaching?!! That can’t be a topical cream/gel people are using is it? Yes, I’m out of touch and basically past late on the topic but I heard an insane tidbit that people are actually ingesting skin whitening pills; RX grade too achieve this. If that’s the case, too each his own BUT that’s complete insanity for fashion not too mention the medical long term negative side effects.

Keep up the great work MET!

Please, help me out. I never knew the trouble I was getting myself into when this issue started. If I knew it was going to end up this way I would have confided in someone or my mother before I agreed to do what ‘daddy’ – my stepfather asked of me.

I thought he liked me and wanted me to have fun I did not realise he was going to put me in trouble. I am 18, a 200 level undergraduate in one of the state owned universities. When I was in senior secondary school three, my mother who had been taking care of my younger brother and I as a single mother met and eventually married another man and because he took us like his own children it was not difficult for us to call him ‘daddy’.

When I gained admission into the university, he paid all my fees and made sure that I got a very good accommodation. He also made it a point of duty to visit me regularly and whenever he came on visit he would give me enough money; even more than I needed.

Initially, whenever he came I would call my mother to tell her so that she would know that daddy came to see me. But he told me to stop telling my mother as it was his duty.

When I passed into 200 levels he started coming to see me in company of his friends and they would sometimes take my friends and I out. Later, ‘daddy’ started dating one of my friends. I saw no reason to tell mum because I felt what she does not know would not hurt her.

Later one of daddy’s friends who was a regular visitor with him asked me out. I refused, but daddy said there was nothing strange in it and that he would not stand and watch his friend mess me up. He stated that it was better for me to date his friend who would take care of me instead of dating boys of my age who would mess me up.

I agreed because I trusted and believed him. One evening, daddy came alone to school and picked me and my friends to a party which was supposed to hold in another town. His friend who was my boyfriend was not there. When I asked after him daddy said he would join us. It was an all night party, so we checked into a hotel. Daddy came and gave me a drink and he asked me if I had a boyfriend and if I have had sex before, I told him I had a boyfriend in my 100 level, but that I was still a virgin.

He did not say anything; he left for his room where my friend was with him. He came back later to give me a drink. I took it and didn’t know when or how I slept off. I however woke up, and saw dad naked beside me. The reality dawned on me, daddy had deflowered me. I started crying, this woke him up. He pleaded with me and said it was better if he deflowered me instead of his friend. I felt bad, but I couldn’t tell anybody.

That was how daddy and his friend started having sex with me. I however did not know how my friend who was dating daddy got to know. She started making a fuss about it. She told some of our other classmates and it became a scandal in school.

One of my cousins who is in my school heard about the issue and instead of asking me, she went to tell my mother. I don’t know what to tell her, she asked me to come home but I cannot go. Daddy said I should deny everything. Can I really deny it in my mother’s presence? Apart from this, I am facing serious stigmatisation in school. If I could go home, I would have left the school, but I can’t go home too. I realise that what I got myself involved in was very wrong. as if that was not enough, when I told daddy that I don’t want to sleep with or go out with him and his friends again, he also hanged to me. Please, I don’t know what to do. I want to go back to my mum, I don’t know what to do or how to go to her. Please, help me.

Anonymous.