1. HISTORY DOES HAVE A WAY OF REPEATION ITSELF & THE FOLLOWING WORDS FROM THE “DECLARATION OF RIGHTS 1774’ ARE NOW AS RELEVANT AS EVER. WHEREAS, SINCE THE CLOSE OF THE LAST WAR, THE BRITISH PARLIMAMTRNT, CLAIMING A POWER OF RIGHTS TO BIND THE PEOPLE OF AMERICA, BY STATUTE, [AMERICANS ARE CURRENTLY BOUND BY A PLETHORA OF STATUTES/CODES & WE ARE TOLD THAT IGNORANCE OF THESE VOLUMES OF STATUTES/CODES IS NO EXCUSE FOR BEING FOUND IN VIOLATION OF THESE LAWS]. ALL CASES WHATSOEVER, HETH IN SOME ACTS EXPRESSLY IMPOSED TAXES ON THEM & IN OTHERS, UNDER VARIOUS PRETENSES, BUT IN FACT FOR THE PURPOSE RAISING A REVENUE, [THIS IS THE EQUIVALENT OF MAN OF TODAYS TRAFFIC & CRIMINAL FINES & PENALTIES, COURT & TRANSCRIPTION FEES, etc.]. HETH IMPOSED RATES & DUTIES PAYABLE IN THESE COLONIES ESTABLISHED A BOARD OF COMMISSIONERS, WITH UNCONSTITUTIOAL POWER & EXTENDED THE JURISDICTION OF COURTS OF ADMIRALTY, NOT ONLY FOR COLLECTING THE SAID DUTIES, BUT FOR THE TRIAL OF CAUSES MERELY ARISING W/IN THE BODY OF A COUNTY.
IS THE USE OF LAW TO CHALLENGE PRISON CONDITIONS *OR* POLICIES A FORM OF HEROIC REBILLION OR QUIXOTIC DELUSION? AT STAKE IS NOT SIMPLY THE ONE ABSURD ASPECT OF THE HUMAN CONDITION LIES IN ACQUIESCING TO CONDITIONS OF EXISTENCE THAT PROMOTES UNNECESSARY SOCIAL DOMINATION.------------------------------------------------------------THE INMATE IS FOCED W/CERTAIN DILEMMAS IN HIS RELATION W/THOSE IN POSITIONS OF AUTHORITY OVER HIM. HE CONTINUES TO EXIST IN AN ATMOSPHERE OF SUBJECTION, AT BEST PATERNALISTIC, AT WORST REPRESSIVE & ARBITRARY. THE BEST WAY FOR HIM TO ACHIEVE IS GOAL OF GETTING OUT AS SOON AS POSSIBILE REMAINS CONFORMILY & PASSIVENESS ON HIS PART TOWARD THE PRISON SYSTEM. HE IS EXPECTED, HOWEVER, TO STRESS SELF=DETERMINATION & INDIVIDUAL RESPONSIBILITY AS A REHABILITATIVE PRISON LIFE BECOMAS AN ALLEGORICAL ANALOGUE TO OTHER FORMS OF SOCIAL EXISTENCE IN WHICH THE POTENTIAL TO ACT IS ABSTRUCTED & SOCIAL ACTORS REMAIN POWERLESS RELATIVE TO THEIR POTENTIAL TO ENGAGE & TRANSCEND THEIR CIRCUMSTANCES. VOLITIONAL BEHAVIOR SUPPRESSED OF PACIFIED LAEADS ONLY TO ORGANIZATIONALLY DETERMINED IDENTITIES, ONE BECOMES WHAT THE ENVIRONMENT DICTATES. SAME AS THE OUT SIDE WORLD.--------------------------------------------------IS THE JAULHOUSE LAWYER A “PRIMITIVE REBEL” OR HAVE MANY OVERLY ROMANTICIZED THE PHENOMENON? DOES HE OBTAIN LIBERATION FROM THE FORM OF LAW ITSELF? OR, ARE JAILHOUSE LAWYERS INADVERTENT CONTRIBUTORS TO THE PRODUCTION TO THE RULS OF LAW IDEOLOGY…. A STUDY OF JAILHOUSE LAWYERS & JAILHOUSE LAWYERING MAY ALSO TELL US SOMETHING ABOUT PRAXIS WITHIN A TIGHTLY CONTROLLED ENVIRONMENT WHICH MAY IN TURN ENLIGHTEN REFORM MOVEMENTS IN THE FREE WORLD..
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Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law: it invites every man to become a law unto himself; it invites anarchy. To declare that in the administation of the criminal law the end justifies the means - to declare that the Government may commit crimes in order to secure the conviction of a private criminal - would bring terrible retribution. Against that pernicious doctrine this Court should resolutely set its face." Justice Louis Brandeis in Olmstead v. U.S., 277 US at 485. (1928)
Here is the often expressed understanding from the United States Supreme Court, that "in common usage, the term "person" does not include the Sovereign, statutes employing the person are ordinarily construed to exclude the Sovereign." Wilson v. Omaha Tribe, 442 U.S. 653, 667 (1979) (quoting <a .."color: blue !important; text-decoration: none !important; " href="<a href="http://www.msplinks.com/MDFodHRwOi8vY2FzZWxhdy5scC5maW5kbGF3LmNvbS9jZ2ktYmluL2c=">http://caselaw.lp.findlaw.com/cgi-bin/g</a></p></p>
Part 5. False: The prosecutor & judge will respect you if you confess immediately upon being arrested.
True: Prosecutors will think you’re pretty stupid if you confess to the police, but they’ll be happy because it’ll be much easier to win the case against you. Judges don’t particularly care whether you confess to the police or not, as long as you accept a plea bargain before the case has to go to trial. From a strategic standpoint, admitting guilt is only valuable if you hold it in reserve, so that your lawyer can use it as leverage to cut a deal for you. Confessing before negotiating is like going to buy something you really want, putting all your money on the table and asking, “How much does this cost?”
Above all, do not ask for or accept advice from the officers who have stopped you. They are not there to act as your advocate or judge. Remember that they’ve been trained to put you at ease, to get you to trust them. Their job is to find, arrest and help convict the suspect. And that suspect is you.
Part 4. False: If you don’t tell your side of the story to the police, you’ll lose your chance to talk your way out of being prosecuted.
True: You cannot assume that police officers are neutral, listening to both sides & deciding who’s at fault. It’s their job to collect potential evidence against people. Prosecutors aren’t neutral parties, either. It’s their job to prove people guilty. So if you’re a suspect & you tell your side of the story to the police and the prosecutor—who, by definition, are not on your side—you will be hurting yourself. The right person in whom to confide is your own defense lawyer. Your lawyer will then help you tell your story to the judge &/or jury, who are the only people whose job it is to listen impartially to you.
Look, you’re busted. There’s no way you’re getting out of this. The best thing you can do for yourself at this point is tell the truth. If you take responsibility now, it’ll look a lot better when you get to court.