"Leave no authority existing not responsible to the people." Thomas Jefferson
The People of California Need an Independent Special Prosecutor (ISP) to Secure Their Rights Guaranteed by the California and U.S. Constitutions. Peace officers and Prosecutors have been given tremendous powers in enforcing the laws of the State of California. They have a duty to enforce the laws adequately and uniformly. Unfortunately this is not the case. Due to a natural bias that creates an inherent conflict of interest peace officers and prosecutors are not capable of enforcing the laws upon themselves when they violate the constitutional protections of those accused of crimes.
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"It is more dangerous that even a guilty person should be punished without the forms of law than that he should escape." Thomas Jefferson
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A bill that would guarantee Constitutional rights and protections to those persons who have been victimized by peace officers and prosecutors has been submitted to Senator Hill. This bill does not provide any special rights or protections to any citizen or group of citizens, it ensures that every person has equal rights and protections before the law regardless of their status before the law. This bill creates an Independent Special Prosecutor's Office (ISPO) whose mandate is to hold peace officers and prosecutors accountable when they violate the law and Constitutions. This bill at its core nature increases the amount of democracy and freedom that America espouses as its greatest ideal and attribute.
A perpetual independent special prosecutors office with unfettered access to every law enforcement agency will guarantee that officers will know that they will no longer be able to get away with violating the Constitutional rights of citizens. Knowing that they will no longer get away with violating the Constitutional rights of citizens, bad cops, even racist cops, will cease violating the Constitutional rights of minorities and all citizens. Additionally the ISPO will eliminate the conflict of interest withing law enforcement that prevents the good cops from reporting on the bad cops. The good cops will no longer have to worry about being run out of town for upholding the Constitution. Ask yourself this one question, if you were a player on the Seattle Seahawks and you were playing the 49ers would you allow Joe Montana to officiate the game? Imagine for a moment that there is professional football player that plays for the San Francisco 49ers, like, Joe Montana. Now imagine that player, Joe Montana, retires from the NFL and takes up a career as a football referee in the college ranks. Now imagine that former NFL player, Joe Montana, gets promoted to officiate as a referee in the NFL. Now imagine that Joe Montana ended up referring all of the San Francisco 49ers football games including the Super Bowl. Everybody would say that there is blatant appearance of a conflict of interest even if there was not an actual one. The NFL would be severely criticized for employing such an official and the Fans and the public would not accept such a scenario and would boycott the NFL until such a referee, Joe Montana, was removed from officiating games. The above scenario is exactly what we have in our adversarial justice system when the vast majority of judges worked for prosecutors offices, the only difference is, the public accepts this blatant conflict of interest. |
"I believe
there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations." John Adams. Think about it, the justice system is the only industry in America that is NOT regulated by an outside agency.
An Independent Special Prosecutor's Office will save society money. One, the cost of operating the ISPO will be offset by eliminating the cost of internal affairs investigations from each and every police department. Two, there will be a significant reduction of wrongful prosecutions decreasing overall prosecution and court costs that burden tax payers. Three, the majority of expensive lawsuits will be eliminated saving tax payers millions of dollars every year in settlements. You can implement all of the reforms that you want but it is not going to make a difference because reforms, new policies and new training will be meaningless unless the primary problem is not eliminated. What are officers doing now to blacks, browns, all minorities and even all citizens that is the problem? They are violating the Constitution, the laws, the peace officers code of ethics and the department policies and getting away with. Why are they getting away with it? They are getting away with it because there is an inherent conflict of interest in the justice system that includes prosecutors, attorney generals, judges and even the DOJ civil rights division that allows officers to get away with violating the law. It is this conflict of interest that needs to be removed. The only way to remove this conflict of interest is to create a separate justice system that has no authority to enforce the laws upon citizens but full authority to enforce the laws on law enforcement personnel.
“A body of men holding themselves accountable to nobody ought not to be trusted by anybody.” Thomas Paine
"If, then, the control of the people over the organs
of their government be the measure of its republicanism, and I confess I know no other measure, it must be agreed that our governments have much less of republicanism than ought to have been expected; in other words, that the people have less regular control over their agents, than their rights and their interests require.” --Thomas Jefferson to John Taylor,1816. |
"1% of all police officers commit police misconduct in a given year and police misconduct was a factor in as many as 50% of wrongful convictions involving DNA evidence."
Calif. Innocence Project
What about all of the people who are convicted of lesser crimes that don' involve DNA evidence?
Calif. Innocence Project
What about all of the people who are convicted of lesser crimes that don' involve DNA evidence?