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Guilty When Charged
Chronicles Magazine ^ | Wednesday, December 28, 2005 | Paul Craig Roberts

Posted on 12/28/2005 7:44:08 PM PST by A. Pole

While enjoying the Christmas season in the comfort of your home, take a minute to say a prayer for the wrongfully convicted.

American prisons are full of wrongfully convicted persons. Many were coerced into admitting to crimes they did not commit by prosecutors’ threats to pile on more charges. Others were convicted by false testimony from criminals bribed by prosecutors, who exchanged dropped charges or reduced sentences for false testimony against defendants.

Not all the wrongfully convicted are poor. Some are wealthy and prominent people targeted by corrupt prosecutors seeking a celebrity case in order to boost their careers.

Until it happens to them or to a member of their family, Americans are clueless as to the corruption in the criminal justice (sic) system. Most prosecutors are focused on their conviction rates, and judges are focused on clearing their court dockets. Defendants are processed accordingly, not in terms of guilt or innocence.

“Law and order conservatives” wrongly believe that the justice (sic) system is run by liberal judges who turn the criminals loose. In actual fact, the system is so loaded against a defendant that very few people, including the totally innocent, dare to risk a trial. Almost all (95 percent to 97 percent) felony indictments are settled by a coerced plea. By withholding exculpatory evidence, suborning perjury, fabricating evidence and lying to jurors, prosecutors have made the risks of a trial too great even for the innocent. Consequently, the prosecutors’ cases and police evidence are almost never tested in court. Defendants are simply intimidated into self-incrimination rather than risk the terrors of trial.

According to Yale University law professor John Langbein, “The parallels between the modern American plea bargaining system and the ancient system of judicial torture are many and chilling.” Just as the person on the rack admitted to guilt in order to stop the pain, the present day defendant succumbs to psychological torture and cops a plea, whether he is innocent or guilty, in order to avoid ever more charges.

Michael Tonry, director of Cambridge University’s Institute of Criminology, reports that the United States has a higher percentage of its population in prison than any country on earth, including dictatorships, tyrannies and China. The U.S. incarceration rate is up to 12 times higher than that of European countries.

Unless you believe Americans are 12 times more criminally inclined than Europeans, why is one of every 80 Americans (not counting children and the elderly) locked away from family, friends, career and life? Part of the answer is the private prison industry, which requires inmates to fuel the profits of investors. Another part of the answer is career-driven prosecutors who want convictions at all costs. Yet another is the failure of judges to rein in prosecutorial abuses. Another part of the answer is the hostility of Americans to defendants and indifference to their innocence or guilt.

The U.S. invasion of Iraq has brought the breakdown in American moral fiber to the fore. The horrific tortures and abuses at Abu Ghraib prison, the public justifications of torture by the president and vice president of the United States, and the CIA kidnappings and torture of detainees in secret prisons put the American “liberators” in the same camp as Saddam Hussein. It is ironic that mistreatment of Iraqis is one of the justifications that Bush uses for overthrowing Saddam.

In his book, “Constitutional Chaos: What Happens When the Government Breaks Its Own Laws,” Judge Andrew P. Napolitano reports on cases of torture, psychological abuse and frame-ups that he discovered as presiding judge.

I have reported a number of wrongful convictions. Anytime a new offense is created, the word goes out to “produce convictions.” Over a decade ago, William R. Strong Jr. was made a victim of Virginia’s new wife rape law. Strong discovered his wife in an affair with her boyfriend and was about to serve her with divorce papers. She found out and struck first, accusing him of rape. Strong has been trying to get a DNA test for many years, confident that the semen in the perk test is that of the lover of his unfaithful wife, but Virginia’s criminal justice (sic) system is unresponsive.

Another innocent victim of Virginia justice (sic) is Chris Gaynor. Gaynor took his skateboard team to a competition. When one of the kids tried to buy drugs, Gaynor threatened to tell his parents. To pre-empt Gaynor, the kid accused him of sexual abuse. There was no evidence against Gaynor, and the entire team knew the real story. However, Gaynor was framed by a corrupt prosecutor, reportedly a man-hating lesbian, with the connivance of a corrupt judge, who intimidated Gaynor’s young witnesses by jailing one of them without cause. Gaynor’s innocence was of less importance to the criminal justice (sic) system than a desire to increase convictions for child sex abuse.

In America, defendants are no longer innocent until they are proven guilty. They are guilty the minute they are charged, and the system works to process the guilty, not to determine innocence or guilt.

Americans in their ignorance and gullibility think that only the guilty would enter a guilty plea. This is the uninformed opinion of the naive who have never experienced the terror and psychological torture of the U.S. criminal justice (sic) system.


TOPICS: Crime/Corruption; Culture/Society; Government
KEYWORDS: bitterpaleos; bonkers; courts; crackers; crime; cuckoo; innocent; insane; justice; loco; morethorazineplease; nuts; offhischump; paulcraigroberts; prisons
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To: inquest
The prosecution has all the resources it needs to make its case, while the court-appointed defense only gets a pittance. If there's supposed to be a presumption of innocence, why does the state spend far more money on the proposition that you're guilty than on the proposition that you're not guilty?

Because if you are too poor to hire good private lawyers you deserve what you get.

81 posted on 12/29/2005 5:27:56 AM PST by A. Pole (Franklin: "The man who trades freedom for security does not deserve nor will he ever receive either")
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To: PAR35
What a crock. There are far more guilty folks running around loose than there are innocent folks in prison

So you want a balance - more and easier convictions until the number of guilty running loose and innocent in prison EQUALS out? I am not sure if ever such "balance" can be achieved, even with the system as large as Soviet Gulag.

We should thank you. Your statement gives us a perfect example of the thought process going in the minds of people responsible for this mess.

I will tell you a Soviet joke as a reward:

A guard asked a prisoner, "What is your term?"

"Ten years."

"What for?"

"For nothing."

"What a lie! For nothing they give only five years."

82 posted on 12/29/2005 5:56:41 AM PST by A. Pole (Franklin: "The man who trades freedom for security does not deserve nor will he ever receive either")
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To: jazusamo
I would ask him if he thinks that the thousands of judges, prosecutors, defense attorneys and police officers in America have joined together in a vast right-wing conspiracy? I personally don't believe it.

Why "right-wing"? I have seen such things going in a very left-wing city in a left leaning court.

83 posted on 12/29/2005 5:59:43 AM PST by A. Pole (Franklin: "The man who trades freedom for security does not deserve nor will he ever receive either")
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To: Ninian Dryhope
Do you really think the European criminal justice system is better than the American criminal justice system?

How could it be possible if America is the best if not perfect. How much Europe did you see? For how long?

84 posted on 12/29/2005 6:02:36 AM PST by A. Pole (Franklin: "The man who trades freedom for security does not deserve nor will he ever receive either")
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To: Ninian Dryhope
I would recommend the Abu Ghraib treatment for blame America first crackpots like Paul Craig Roberts.

Watch out. God is just and some day you might experience it on yourself.

85 posted on 12/29/2005 6:03:35 AM PST by A. Pole (Franklin: "The man who trades freedom for security does not deserve nor will he ever receive either")
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To: yarddog
I frankly would love to go before an American Jury if I were guilty and would be scared to death if innocent.

Robert Bork, iirc, made a similar observation about Military courts. He said he would prefer a court-martial if he were innocent and jury if he were guilty.

Despite the article, the OJ jury just shows that juries often decide based on their passions, not the evidence and the law.

86 posted on 12/29/2005 6:10:08 AM PST by Lonesome in Massachussets (NYT Headline: 'Protocols of the Learned Elders of CBS: Fake But Accurate, Experts Say.')
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To: R. Scott
Like my mama used to say, “Where’s there smoke there’s fire.” If they weren’t guilty of something they would never have been arrested. She was very naive.

Hey, this approach worked for Soviet Gulag. And the suspects (sure to be convicted) were treated in the nice harmless Abu Graib style in order to admit guilt and give names of people they know so the process could continue.

87 posted on 12/29/2005 6:13:29 AM PST by A. Pole (Franklin: "The man who trades freedom for security does not deserve nor will he ever receive either")
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To: A. Pole
If God is just, you are in a heap of trouble for posting this trash without a barf alert.
88 posted on 12/29/2005 6:14:56 AM PST by Ninian Dryhope ("Bush lied, people dyed. Their fingers." The inestimable Mark Steyn)
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To: A. Pole

I'm a prosecutor. There's a criminal underclass out there that commits crimes, gets punished, and keeps coming back for seconds and thirds. Indeed, if you mention a certain last name in our county, many can vouch that the clan has a notorious past. Paul Craig Roberts will never meet this underclass because he doesn't work or associate with them. Rest assured, though, they are out there, ready to prey on him and his fellows (no pun intended re: Hoover Institution).


89 posted on 12/29/2005 6:38:32 AM PST by hispanichoosier
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To: Ninian Dryhope

Planet Free Republic!

I read many stories here about police arresting bad children, and most of illegal immigrant discussions eventually lead to the proposal to send businessmen to jail for hiring them.


90 posted on 12/29/2005 6:40:27 AM PST by proxy_user
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To: A. Pole
"How much Europe did you see?"

My wife is Dutch. Her entire family is still in Holland. We go there nearly every year and they come here often to visit. As a matter of fact, her parents are here now, visiting us for the holidays. It is a heck of a lot warmer here in Houston than it is in Holland right now.

Europe is crawling with socialists and muslims and is well on its way to its demise.
91 posted on 12/29/2005 6:44:37 AM PST by Ninian Dryhope ("Bush lied, people dyed. Their fingers." The inestimable Mark Steyn)
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To: A. Pole

Bureau of Justice Statistics

Table 13.

Number of inmates in State or Federal prisons

and local jails, by gender, race,

Hispanic origin

June 30, 2004

 

Male                                                                

Total                 White               Black               Hispanic                       

1,947,800          695,800             842,500             366,800

 

Female

Total                 White               Black                Hispanic

183,400             81,700             67,700             28,600

 

An estimated 12.6% of black males,

3.6% of Hispanic males, and

1.7% of white males in their

late twenties were in prison or jail.

 

At midyear 2004 there were 4,919 black male prison

and jail inmates per 100,000 black males in the United States,

compared to 1,717 Hispanic male inmates

per 100,000 Hispanic males

and 717 white male inmates per 100,000 white males.

 

http://www.ojp.usdoj.gov/bjs/pub/pdf/pjim04.pdf
92 posted on 12/29/2005 6:46:40 AM PST by Ninian Dryhope ("Bush lied, people dyed. Their fingers." The inestimable Mark Steyn)
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To: MarkL

You are exactly right. I did feel a bit guilty about looking for an "out"...


93 posted on 12/29/2005 6:48:45 AM PST by Eric in the Ozarks
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To: jocon307

Yes, yes, a thousand times, yes. I even caught hell about it from my wife.


94 posted on 12/29/2005 6:50:26 AM PST by Eric in the Ozarks
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To: A. Pole
There seem to be a lot of people who favor that approach, believing it is better that ten innocent suffer than one guilty escape.
My apologies to Mr. Blackstone.
95 posted on 12/29/2005 6:52:49 AM PST by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink.)
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To: A. Pole
Unless you believe Americans are 12 times more criminally inclined than Europeans, why is one of every 80 Americans (not counting children and the elderly) locked away from family, friends, career and life

Because America respects property rights and the Europeans don't, maybe ?

In some Scandanavian countries you cant get more than 16 years (before parole) for 1st degree murder. And burglary, rape, assault are not vigorously pursued. The jails are empty because they like their criminals in the street (but fenced off from the well connected).

If you don't believe it, check out the crime rate trajectory for Denmark, Sweden, etc. Almost like South Africa (and they have far fewer teenagers in Europe than here too, etc).

96 posted on 12/29/2005 7:00:24 AM PST by Nonstatist
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To: A. Pole; Logophile; Onelifetogive; ThanhPhero; knuthom; Zeppo; kcvl; Falconspeed; Lancey Howard; ...

America the Safe

Why Europe's Crime Rates Have Surpassed Ours

By Eli Lehrer

Posted: Saturday, June 1, 2002

 

 

America's streets are becoming safer, even as crime has exploded in Europe. Decentralized control of policing efforts has enabled the United States to catch more criminals, while long prison sentences prevent them from striking again. European law enforcement agencies would do well to emulate those practices.

After he beat an eighty-year-old grandmother, took a mother with a stroller hostage, and robbed eleven London banks in broad daylight, Michael Wheatley was finally nabbed by British police in late April. Dubbed the Skull Cracker for his habit of pistol-whipping victims, Wheatley had transfixed the London tabloid press with a series of dramatic, violent crimes. Scared Londoners, however, had more to worry about than just the Skull Cracker: In April alone, one gang used a battering ram to steal $14,500 of merchandise from a jewelry store near the city's commercial center, another took to ramming cars into storefronts, and teenage thugs robbed pedestrians of their mobile phones all over the city. Last year, London saw more serious assaults, armed robberies, and car thefts than New York; 2002 could see London's murder rate exceed the Big Apple's.

The same pattern can be seen throughout Europe-indeed, in much of the developed world. Crime has recently hit record highs in Paris, Madrid, Stockholm, Amsterdam, Toronto, and a host of other major cities. In a 2001 study, the British Home Office (the equivalent of the U.S. Department of Justice) found violent and property crime increased in the late 1990s in every wealthy country except the United States. American property crime rates have been lower than those in Britain, Canada, and France since the early 1990s, and violent crime rates throughout the European Union, Australia, and Canada have recently begun to equal and even surpass those in the United States. Even Sweden, once the epitome of cosmopolitan socialist prosperity, now has a crime victimization rate 20 percent higher than that of the United States.

Americans, on the other hand, have become much safer. Preliminary 2001 crime statistics from the Federal Bureau of Investigation show America's tenth consecutive year of declines in crime. While our homicide rate is still substantially higher than most in Europe, it has sunk to levels unseen here since the early 1960s. Overall reported crime rates have dropped almost 40 percent from their all-time highs in the early 1970s. Reported property-crime victimization rates have dropped even more: In 1973, nearly 60 percent of American households fell victim to such crimes, by 2000 victimization had declined two-thirds to around 20 percent.

Among the economically powerful democracies in the Group of Seven, only the Japanese now have a lower victimization rate than the United States.

So why have America's streets become safer even as crime has exploded in Europe? Many commonly cited explanations don't hold water: America's falling population of males in their teens and early twenties helped reduce crime in the early 1990s, but crime continued to fall even as youth populations began to swell later in the decade. While the American Enterprise Institute's John Lott has shown that greater gun ownership reduces crime, this deterrent effect can't explain more than a small part of America's recent success. It's now easier to carry concealed weapons in some parts of the country, but Lott acknowledges that gun ownership levels are about the same as they were when crime hit its all-time highs in America thirty years ago. Third-world immigration, the bugbear of the European right, may drive crime rates up, but violence and theft have also spiked in countries that let in few immigrants.

There is, in fact, a simple explanation for America's success against crime: The American justice system now does a better job of catching criminals and locking them up. But why are America's police agencies performing better than their counterparts elsewhere in the developed world?

Local Policing

Local control may be a critical difference. America has local police departments-think Sheriff Andy Griffith and Deputy Barney Fife-while massive regional or national agencies provide almost all of the law enforcement in nearly all of the other industrialized countries. With about 16,500 police agencies--more than 2,000 of which employ only one officer--America's policing system might seem disorganized and amateurish at first glance. All of England has only thirty-nine local police departments, and the Royal Canadian Mounted Police run most of Canada's police agencies. France and a bevy of other nations have unified national police agencies. But when it comes to learning from mistakes and adapting to new circumstances, small organizations have their advantages.

While smart police chiefs have always tried to adapt styles of policing to the particularities of their communities, well-intentioned reform efforts during the American crime explosion led police agencies to discourage officers from making too much contact with citizens and community groups. This eventually sparked a backlash in the form of the "community policing" movement of the late 1980s, which began to encourage police officers and citizens to form crime-fighting partnerships. While some of those efforts were better at producing press releases than arrests, the movement overall has to be counted a success.

Today, styles and philosophies of policing can differ enormously in two suburbs of the same city that would share the same police department almost anywhere else in the developed world. In Simi Valley, a sleepy Ventura County suburb full of Los Angeles police officers and Ronald Reagan memorabilia (his library is there), police scatter kids who hang out in front of movie theaters and reprimand pedestrians who spit on the sidewalk. A jaunt down the 405 freeway in Long Beach, a sometimes chaotic, diverse city full of immigrants, police encourage so-called "positive loitering" by handing out stickers to well-behaved juveniles around parks, movie theaters, and schools. Spitting goes unnoticed. Both approaches work: Long Beach and Simi Valley have each reduced crime by more than a third since the mid-1990s.

American police departments can adapt more easily to their communities than their counterparts in the EU and elsewhere not only because they are smaller but because they need to respond to local elected leaders and voters. Police represent the largest or second largest spending program in nearly every city and town budget. Mayors, city council members, and voters keep close tabs on local police. As representatives of municipal government rather than agencies of a distant provincial council or the national government, successful American police chiefs shape their agencies to fit the desires and demands of local constituencies rather than distant bureaucrats.

In their quest to adapt to the needs of their communities, the best American police departments have created a culture of innovation. While a handful of larger police departments (New York, Chicago, and San Diego most prominently) do provide many new techniques and practices, at least as many successful innovations come from small and midsized police agencies, which centralization has eliminated in the rest of the developed world. Moreno Valley, California, police have developed a national model for fighting graffiti through rapid-response police-community partnerships; Minneapolis police have built the world's best computer system to monitor pawn shops for stolen goods; and Jacksonville, Florida, police could teach other agencies a few things about neighborhood renewal.

Relatively small American police departments also put more cops on the street. While conventional management theory suggests that administrative savings come from consolidation, larger departments tend to have more blue-uniformed bureaucrats and fewer crime fighters. Only about a third of France's 130,000 police officers, for example, work on the streets. As agencies get smaller, however, they send a greater percentage of their staff to work the streets: In Garden Grove, California--which has one of the lowest police officer-citizen ratios of any American city--85 percent of officers work the streets in one way or another.

Larger agencies (including American ones) face an almost irresistible temptation to move the best officers onto specialized teams directed at particular types of crime or feel-good community involvement programs. While all police departments need some specialists--a green academy graduate can't substitute for a veteran homicide investigator--the most successful agencies keep such special assignments to a minimum. Lowell, Massachusetts, the city with the largest crime decreases in the United States during the 1990s, eliminated nearly all of its special units. And other highly successful departments have followed suit, eliminating or restructuring their special task forces in order to assign more officers to patrol duty and answering citizens' calls.

Long Prison Sentences

Superior policing does little good without a commitment from the justice system to keep violent thugs off the streets. The United States has the longest prison sentences in the Western world. According to the Bureau of Justice Statistics and its counterparts in other countries, a convicted armed robber can expect to serve about four and a half years behind bars in the United States, a little more than two years in Great Britain, a bit less in Germany, and less than eighteen months in France. The United States imprisons nearly 700 out of 100,000 citizens as compared to about 125 in the United Kingdom and Canada, 100 in Germany, and about 60 in most of Scandinavia. Some of these countries may actually have fewer thugs than the United States, but those left unpunished do enormous damage.

While building and staffing prisons costs a great deal, letting criminals roam free costs even more. One violent criminal can do more than $1 million worth of damage in the space of a year. A single armed robbery costs society more than $50,000, and a hardened thug can commit 100 such crimes in a year. The European elite still seems to regard Americans' desire to lock up violent criminals as an index of barbarism and America as a nation gripped by violence and infatuated with rough, frontier justice. With violence and theft exploding all over the developed world, however, one has to ask which type of society is barbaric--one that punishes criminals, or one that lets them prey on law-abiding citizens?

Not surprisingly, overwhelming evidence demonstrates that keeping criminals locked up reduces crime. British academic Donald E. Lewis's comprehensive 1986 examination of studies on the correlation between sentence length and crime rates (published in the British Journal of Criminology) concludes that doubling the length of the sentence for a crime will cut the likelihood that criminals will commit that crime by a little less than 50 percent. In a comprehensive comparison of crime rates in the United States and Great Britain, a Bureau of Justice Statistics researcher and the head of Cambridge University's Criminology Institute hit on the key fact: Crime rates fell in the United States as punishment increased and rose in Britain as punishment decreased. As James Q. Wilson has observed, "Coincident with rising prison population there began in 1979-80 a steep reduction in the crime rate as reported by the victimization surveys."

America's criminal justice system has plenty of flaws. While nearly every other developed country has too few local police agencies, the United States has too many: More law enforcement agencies patrol Washington, D.C., (population 572,000) than all of the United Kingdom (population 59.6 million). And the crime picture isn't entirely copacetic: Although murder rates have fallen sharply in the United States even as they rise elsewhere, ours still remains second only to South Africa's among wealthy nations. While most murder victims have some connection to the drug trade or other organized crime, Americans also kill each other at high rates in their homes and streets. American law enforcers could learn a good deal from foreign police agencies when it comes to cracking down on the drug gangs that commit most murders, and should probably provide more funding for domestic abuse awareness programs and battered women's shelters. While keeping thugs locked up helps society, prison conditions remain abysmal: Black and white supremacist gangs run many correctional facilities, guards receive too little training, and male inmates face a constant threat of rape. Efforts to reintegrate prisoners into mainstream society, likewise, border on negligent. Per-inmate funding for rehabilitation has fallen steadily even as more people have gone to prison.

But there is still a lot that the rest of the world can learn from our experience, as problems that European sophisticates still view as uniquely American take root elsewhere. Even as the United States has replaced many of its worst housing projects with mixed-income townhouse developments, multifamily estates on the outskirts of London, Paris, and other European capitals have become at least as dangerous as their American counterparts were during the 1970s and 1980s. As welfare reform and a strong social message that crime does not pay push many former members of the American underclass into the workforce, an entrenched welfare culture grows in many European countries. Writing in the fall 2001 Public Interest, Charles Murray noted that his predictions of a decade earlier about the emergence of a British underclass had come true. By the late 1990s, British levels of unemployment, family breakdown, and violent crime among the welfare underclass were the same or higher than were America's in the 1960s and 1970s.

Americans should not take too much satisfaction in our becoming a safer nation. While crime in America has declined rather spectacularly, it still stands well above the level of civic peace our grandparents enjoyed. But America has moved in the right direction while Europe has moved in the wrong one. The combination of engaged, community-oriented police and ample investment in incarceration is turning the United States into the safest large Western country. Europeans may want to emulate American policies--God forbid!--if they hope to win their own wars against crime.

Eli Lehrer is a senior editor of The American Enterprise.

 

http://www.aei.org/publications/pubID.13948/pub_detail.asp This is by a non-nutcase author, so you probably will not understand it, but at least I have tried.
97 posted on 12/29/2005 7:14:35 AM PST by Ninian Dryhope ("Bush lied, people dyed. Their fingers." The inestimable Mark Steyn)
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To: proxy_user
"most of illegal immigrant discussions eventually lead to the proposal to send businessmen to jail for hiring them."

A darn good idea, since we are being invaded by illegals and they best way to stop the invasion is to make sure that they cannot work once they get here.

You need to get out more into the real world.
98 posted on 12/29/2005 7:23:30 AM PST by Ninian Dryhope ("Bush lied, people dyed. Their fingers." The inestimable Mark Steyn)
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To: JudgemAll
The theory is they have burden of proof.

Well, that's true, but there's a reason why they do. If the state then turns around and decides to "level the playing field" by giving the prosecution more money, then that defeats the purpose of saddling them with the burden of proof. The whole idea of putting the burden on them is not to create a level playing field, but an unlevel one.

99 posted on 12/29/2005 7:33:20 AM PST by inquest (If you favor any legal status for illegal aliens, then do not claim to be in favor of secure borders)
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To: Ninian Dryhope

The proposal to send businessmen to jail is ridiculous.

Why? Businessmen have plenty of money, and would fight tooth and nail to stay free. Prosecutors, courts, and judges would be tied up with long trials and expensive legal proceedings.

If your goal is to stop businessmen from hiring illegal aliens, rather than take revenge on them for having done so in the past, a simple system of computer matching and civil penalties will do the job at a low cost. Once it ceases to be profitable to hire illegal aliens, they will stop.


100 posted on 12/29/2005 8:11:07 AM PST by proxy_user
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