Issue link: https://www.epageflip.net/i/137678
6A Daily News – Tuesday, June 18, 2013 Opinion Injustice, judicial tyranny, and cruelty DAILY NEWS RED BLUFF TEHAMA COUNTY T H E V O I C E O F T E H A M A C O U NTY S I N C E 1 8 8 5 Greg Stevens, Publisher gstevens@redbluffdailynews.com Chip Thompson, Editor editor@redbluffdailynews.com Editorial policy The Daily News opinion is expressed in the editorial. The opinions expressed in columns, letters and cartoons are those of the authors and artists. Letter policy The Daily News welcomes letters from its readers on timely topics of public interest. All letters must be signed and provide the writer's home street address and home phone number. Anonymous letters, open letters to others, pen names and petition-style letters will not be allowed. Letters should be typed and cannot exceed two double-spaced pages or 500 words. When several letters address the same issue, a cross section of those submitted will be considered for publication. Letters will be edited. 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How to reach us Main office: 527-2151 Classified: 527-2151 Circulation: 527-2151 News tips: 527-2153 Sports: 527-2153 Obituaries: 527-2151 Photo: 527-2153 On the Web www.redbluffdailynews.com Fax Newsroom: 527-9251 Classified: 527-5774 Retail Adv.: 527-5774 Legal Adv.: 527-5774 Business Office: 527-3719 Address 545 Diamond Ave. Red Bluff, CA 96080, or P.O. Box 220 Red Bluff, CA 96080 The seventh amendment of the U.S. Constitution guarantees American citizens the absolute right to trial by jury of one's peers to wit: "Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law." This protects the public from judicial tyranny with an impartial administration of justice to secure both our persons and our properties. If entrusted to a select body of magistrates an inevitable bias towards those of their own rank and dignity would exist as expected from human nature where the few are not always attentive to the good of the many. John Adams explains it so: "As the Constitution requires that the popular branch of the legislature should have an absolute check, so as to put a peremptory negative upon every act of the government, it requires that the common people, should have as complete a control, as decisive a negative, in every judgment of a court." Uncertainty in the law is a problem, insofar as the published precedent of courts in a common law system constitutes a clear guide for the conduct of individuals, to enable them to plan their affairs with assurance against untoward surprise. Thomas Jefferson further explained: "final legal decisions are left to the juries so as to take on themselves to judge the law as well as the fact - they never exercise this power but when they suspect partiality in the judges; and by the exercise of this power they have been the firmest bulwarks of liberty." However whereas colonial judges routinely instructed jurors that they were the ultimate arbiters of both fact and law, modern judges assert control over the evidence, law, and facts, by instructing the jury as to what the law is, and may for cause unilaterally overturn their decisions to favor the defense. The eighth amendment is short and sweet to wit: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Unfortunately this begs the question as to what is considered excessive, cruel, or unusual. In practice fines imposed by a trial court judge or magistrate are not overturned on appeal unless the judge or magistrate abused his or her discretion in assessing them. To help ensure uniformity of sentences legislatures often specify mandatory minimums. The downside of the guideline is prison overcrowding, particularly in California and other states where a "three strikes law" requires life sentences for some relatively petty crimes. Bail is money, property, or bond that a defendant can pledge as security for freedom pending appearance at trial that can be refunded at the conclusion of cells for up to 23 hours a day for being affiliated with criminal proceedings. gangs. Such inmates But if the defendant fails face a cruel choice, to appear as scheduled snitch on fellow gang the amount pledged is members only to be forfeited and further released to the general criminal penalties may population where they be levied if convicted. are likely to be avenged To determine the by other gang memamount of bail for a parbers, or suffer continuticular defendant, the ing isolation leading to court considers the serihopelessness and ousness of the offense, insanity. the strength of evidence, Richard Americans can at the nature and extent of least be grateful these any ties to the communiamendments preclude ty, the ability to pay a them from the torture given amount, and the our nation now inflicts level of flight risk. In upon enemy combatpractice defendants that ants still held without aren't wealthy but who charges at Guantanamo can present sufficient Bay for over a decade in collateral pay 10% of the bail amount as a fee to secure conditions so bad they are being the services of a bail bondsman, force fed to keep from starving otherwise they must stay in jail themselves to death. Nonetheless until their case is adjudicated, the amendments often offer protecoften years later. In addition these tion only to citizens of means, leavpoor inmates often suffer having ing the poor and forgotten inadetheir property repossessed or quately represented to suffer injusstolen while in detention, even tice, judicial tyranny, and cruelty. though they may be innocent. Richard Mazzucchi is a retired Under the eighth amendment every punishment imposed must research engineer specializing in be commensurate with the offense energy efficiency and renewable committed and punishments that energy. He has travelled are disproportionately harsh may extensively and now makes his be overturned on appeal. Howev- home in Los Molinos, where he is er once in custody authorities have striving to manifest a sustainable great latitude to discipline and spiritual lifestyle and operate inmates, including solitary con- a BBQ equipment and supply finements where prisoners may be business. He can be reached at indefinitely caged in windowless living-green@att.net. Mazzucchi Positive Point Your officials STATE ASSEMBLYMAN — Dan Logue, 1550 Humboldt Road, Ste. 4, Chico, CA 95928, 530-895-4217 STATE SENATOR — Jim Nielsen, 2635 Forest Ave., Ste. 110, Chico, CA 95928, (530) 879-7424, senator.nielsen@senate.ca.gov GOVERNOR — Jerry Brown, State Capitol Bldg., Sacramento, CA 95814; (916) 445-2841; Fax (916) 558-3160; Email: governor@governor.ca.gov. U.S. REPRESENTATIVE — Doug LaMalfa 506 Cannon House Office Building, Washington, DC 20515, 202-2253076. U.S. SENATORS — Dianne Feinstein (D), One Post Street, Suite 2450, San Francisco, CA 94104; (415) 393-0707. Fax (415) 393-0710. Barbara Boxer (D), 1700 Montgomery St., Suite 240, San Francisco, CA 94111; (510) 286-8537. Fax (202) 224-0454. Commentary Justice delayed, denied the right; left sails Tea Party Patriots meeting note: tonight they'll host Bev Ross, County Clerk and Recorder, and also in charge of our elections. It's always been rewarding for Bev to address us and take questions. Even if you don't regularly show up, you'll find her a very knowledgeable and gracious source of information on those subjects. Westside Grange, 6 p.m. One of the arguments advanced in support of the IRS's scrutiny of Tea Party, Christian (Right to Life groups were asked not to march at Planned Parenthood and were asked the content of their prayers!), and other conservative, pro-constitution applicants for tax exempt status, was to prevent improper tax status for electioneering activities. The scrutiny extended to hundreds of groups on the right, and the delays that extended into years over the course of 2010, 2011 and 2012 had a marked impact on fundraising and their efforts to inform and educate. The frequency of applications trended markedly higher after the controversial Supreme Court decision, "Citizens United (CU)," that allowed for expenditures by corporations and unions in the realm of political advocacy. It's been a principle for centuries that "justice delayed is justice denied". By engaging in the kind of intimidating treatment that the IRS unloaded on Tea Party applicants, compared to the remarkably shorter times that liberal-sounding groups were processed, even compared to conservative groups prior to CU, an infringement on rights under the Constitution and Bill of Rights plainly occurred. When the citizens of America are effectively dis- enfranchised of their rights to free speech, freedom of assembly and the right to petition for redress of grievances in a timely manner, a constitutional travesty occurred the likes of which I can find no historical comparison. Bryan Preston, writing at the PJ Tatler, asked, "Was the IRS Obama's Electoral PerformanceEnhancing Agency?" I think so, based on a new CNN/ORC poll of 1,104 adults showing that President Obama's approval is now upside down with 53 percent disapproval vs. 45 approval, the largest declines occurring in the formerly solid under-30s. Among the pronounced reversal of approval numbers, for the first time "50 percent of Americans say they don't believe Obama is 'honest and trustworthy' and 61 percent disapprove of 'government's surveillance of American citizens.'" The NSA spying programs, legality and constitutionality aside, have come on the back of a massive shift in perception of Americans toward their government and its leader, Obama. It's based on the widely held perception that the most feared and intimidating agency in Washington, the IRS, has used its vast resources to target the political opponents of Obama at a time when, had the various scandalous revelations been front and center in voters' attention, Obama's reelection prospects would have been dim, indeed. Look up "Fox News poll: IRS targeting intentional act to punish political opponents; most want Congress to continue probe." So say two-thirds of polled Americans, while 78 percent support further Congressional investigation. While the Demo- crat/media complex is urgently something about it. That's why the Sierra Club, the moving on, the coverage Human Rights Camof the conservative taxpaign, and Organizing exempt targeting scandal for Action (essentially has left volumes of issues an extension of simply unmentioned and Obama's campaign) unexamined. can all be organized For a better underunder this section of standing of the non-conthe tax code." servative tax-exempts, the "USA TODAY 501 (c) 3s and 4s of the analysis of IRS data left, let's just look at a shows that dozens of news item from last Saturliberal groups received day, the 15th. Type in tax-exempt approval in "Open borders mob Don the 27 months that Tea descends on home of groups sat in Kansas Secretary of Polson Party even though the limbo, State" and you'll see sevwere eral links. "In a scene The way liberal groupssimilar engaging in reminiscent of the SEIU's kinds of activity." I siege of a Bank of AmeriI see it read elsewhere that ca executive's home in one liberal group had 2010, a mob of around 300 open borders protesters from their status revoked for, get ready across the country today descend- to be shocked, essentially working ed on the home of Kansas Secre- as a branch of the Democrat Party. tary of State Kris Kobach, who is No such charge has ever been also counsel to the Immigration shown to occur with the conservaLaw Reform Institute and, accord- tive groups. I have only scratched the dising to the following tweets from 501(c) 3 Sunflower Community gusting surface of this deeply disAction, he's called the "King of turbing scandal with its attendant Hate." (Twitchy.com) This SCA lies, hypocrisies and the oppressive mob are a bunch of private proper- nature of government using its ty-defying, quasi-violent brown- power to squelch the efforts of citshirts (look it up). That 501 (c) 3 izens opposed to that same governstatus, remember, is for charitable ment. Is anyone surprised that non-profits doing selfless good political donations from IRS truly outside the political fray. employees overwhelmingly went to Obama? And that their employHmmm. Writing in "The Real Scandals ee union, as well as lawyers identiof the IRS" for the Daily Beast, fied in many federal agencies, Megan McArdle wrote on May 14, donated from 95 to 100 percent to "It's true that 501 (c) 4 organiza- Obama? tions are supposed to promote Don Polson has called Red Bluff 'social welfare', but these days, most people have decided that the home since 1988. He can be by e-mail at best way to promote social welfare reached is to lobby the government to do donplsn@yahoo.com.