Daydreaming About Criminal Justice in America

Background

Vandal (Van) Jones was born in San Francisco, CA in the 1970’s. Being a clever little natural son, he gave his mother hell, but she always covered for him and never let him take any blame for his petty thefts and bullying to burglaries, assaults, rapes, or gang fights and murders. He skated through the juvenile, and later the adult, courts without any major convictions. He caught the crest of the bay area’s liberalism and managed to get through high school and a 4 year college without doing anything but joining the local Communist Party and pulling an occasional drug deal, mugging, burglary, or assault. Graduating from college, he immediately joined a community activist group where his criminal talents and communist training served him well. Along the way he was arrested over a dozen times and spent a couple years in prison.

John Smith, called Honest because of his unfailing truthfulness and sense of fair play, was born in the Central Valley of California, and worked on the farm as soon as he was able. His parents continued to work with him on the farm through his junior year in high school when they suddenly died. Living with an uncle and working on his farm for room and board, Honest finished high school and graduated with honors from college by working part time to pay tuition and other expenses. Upon his graduation, with high honors, he tested first out of over 200 applicants and made it into the police academy. His performance was stellar and even as a cadet he risked his life several times to save citizens from drowning, house fires, and accidents. Upon graduation he had already earned two of the academy’s highest honors for bravery and graduated at the top of his class.

The Incident

Honest Smith was on patrol in his police cruiser when he stopped to help a motorist parked on the side of the highway. As he approached the vehicle, Van opened up with an automatic pistol and shot him three times. A highway patrol officer responding to Honest’s radio call witnessed the entire event and with backup units managed to subdue and arrest Van.

How it Is

Van Jones pled not guilty and claimed he was impoverished and couldn’t afford a lawyer. Although he had hundreds of thousands of dollars and extensive property from his criminal activities, the court appointed him a top defense attorney at taxpayer’s expense.

The trial was over quickly because the liberal Deputy County Attorney pled the case down from attempted murder, assault using a deadly weapon (illegal to possess as a convicted felon), unlawful possession of a firearm, drug possession, car theft, driving a stolen car, and resisting arrest to simple assault. A liberal judge sentenced Jones to 1-3 years in prison and with credit for 13 months served waiting for trial, Jones walked out of court a free man.

Honest recovered, but was partially disabled and had to give up his police career. With only a few years of service his partial disability payment was less than his monthly house payment. Smith’s wife kept working, his oldest son dropped out of college to help out, and Smith, despite a withered arm and constant pain, did day work as a cabinet maker and finish carpenter to make ends meet for him and his family.

How It Should Be

After an exhaustive investigation, the police discovered that Van’s brother, girlfriend, and his mother worked in his drug ring and protection rackets and helped hide his income. An honest prosecutor went before an impartial federal judge and presented evidence of Jones’ racketeering and hidden wealth. The judge imposed RICO and IRS statutes to seize all cash, property, and automobiles used in the criminal activity awaiting outcome of the trial. He also issued warrants for the arrest of Jones’ brother, girlfriend, and mother on racketeering and tax evasion charges.

Meanwhile, Jones hired his own lawyer and was tried in the county-state court system for attempted murder, assault using a deadly weapon, unlawful possession of a firearm, drug possession, car theft, driving a stolen car, and resisting arrest. Jones was convicted on all counts and sentenced to life in prison. He was also convicted in federal court of racketeering and tax evasion, along with his family and girlfriend, and all their money and property gained by racketeering were permanently seized. In addition, Jones and his co-conspirators in racketeering were sentenced to 5-10 years in federal prison, with Van’s sentence to be served in federal prison in the event of his parole from state prison.

The four million dollars gained from the conspirators’ cash and sale of property were used to compensate Smith for his injuries, suffering, and loss of lifetime income and the remaining funds were used for court costs and a victim compensation fund.

Honest Smith’s oldest son finished college, with honors, and his daughter started her college education. Both were supported in college by academic achievement scholarships and Smith’s settlement funds. Smith opened a small cabinet shop and it was so successful that he was able to hire three additional workers.

Back to Reality

The criminals and their crimes in America have far reaching effects and hurt and terrorize hundreds of millions of us each and every day. It is not as simple as described above.

When a violent crime is committed, it is not just the individual victim(s) who suffer. It is like dropping a rock in a quiet pond. The ripples of a violent crime ripple through the family, friends, and community of the victim. Family members see people in their family injured or killed, people in the community hear and see the violence and they are discouraged and frightened. In aggregate, these crimes affect all Americans. For example, how many women feel comfortable walking alone, and at night, in any inner city? How many people are afraid of a car breakdown in populated or rural areas? How many people see a demonstration by radical leftists in America and feel safe being anywhere near it?

How many people lock their homes and cars out of fear of theft, robbery, injury, rape, or murder? How many children dread school because of gangs and crimes in schools and on the streets getting to and from school?

The answer to these questions is almost every decent man, woman, and child in America is terrified of criminals and their crimes. Police, prosecutors, judges, juries, parole boards, probation officers, politicians, and everyone responsible for public safety have all let us down.

To attack crime we must do several things. First criminals commit crimes and they should be held entirely responsible for their actions. Second, liberal philosophy and political correctness flood our nation with violent criminals at the expense of its honest citizens. Americans of good faith should fight liberalism and political correctness if we want equal justice under law in America. Third, we must recognize that it is possible to preserve our freedoms and crack down on criminals.

We cannot afford zero tolerance for all crimes, nor does it make sense. But I do believe we need, and can afford, near zero tolerance for all violent crimes, and much stricter enforcement and sentencing for non-violent crimes. There is no excuse for serial criminals. The old “Three strikes and you are out” laws where a third felony conviction means an automatic life sentence should be mandatory in all jurisdictions. Habitual criminals do not deserve their freedom. Another way to handle this is to bring to trial and convict, if guilty, those committing any crime while in prison. Harsh sentences should be given for any crime in prison and felony crimes should count in the three strikes rule. Our prisons should not be nests of perverts, rapes, and assaults, nor should they be post graduate schools for teaching criminal tradecrafts. Discipline tougher than basic training in the military should be maintained at all times in our prisons.

We shouldn’t buy into the sob stories that the criminal had a bad childhood or anything else. A criminal is a criminal and should be treated as such by society. The crime is what counts, everything else is irrelevant. And, we should prosecute all beneficiaries of crimes (family members often know of the crimes and live of criminal gains).

We shouldn’t buy into the phony arguments that we cannot afford more police or prisons. It is not true. Property and violent crimes cost us way more that it would cost for adequate police forces and prisons.

Reform of our criminal justice system depends upon election of decent, patriotic, and conservative candidates at all level of government and rejection of leftist and socialists at all levels.