THE RADICAL LEFT’S PLAN: PROTECT CRIMINALS; CONSTRAIN THE POLICE; AND LEAVE THE PUBLIC DISARMED AND DEFENSELESS
THE RADICAL LEFT CALL FOR MASSIVE BAIL REFORM MAY BE A BOON TO CRIMINALS, BUT IT IS A THREAT TO THE PUBLIC
In the summer of 2015, The Left-wing New York Times, ever the friend and close confidante of seditious Deep State Government Bureaucrats and of smug, fabulously wealthy, extraordinarily powerful, and abjectly ruthless Radical Left establishment “elites,” ran a feature in its Magazine, titled “The Bail Trap.” The Times ran the story as a purported exposé of an unfair criminal justice system. The Times’ reporter, Nick Pinto, laying out the theme of the feature story, wrote: “thousands of innocent people are sent to jail only because they can’t afford to post bail, putting them at risk of losing their jobs, custody of their children — even their lives.”
Typical of “feature” stories at the NY Times’ newspaper, the writer of this feature, “The Bail Trap,” attempted to garner public sympathy for the plight of seemingly innocent people by drawing the reader’s attention to one cherry-picked anecdote.
The NY Times writer, Pinto, mentioned a New Yorker, Tyrone Tomlin, who, having been arrested for carrying a controlled substance, was faced with one of two unpleasant choices resulting from that arrest: one, Tomlin could either plead guilty to a misdemeanor, serve thirty days on Rikers Island, and then walk free; or, two, he could plead not guilty and then await trial. The Court set Tomlin’s bond at $1,500.00 if Tomlin refused the plea deal and wished to remain free while awaiting trial. Tomlin did refuse the plea deal, pleaded not guilty, but, unable to post bond, had to remain in jail until his trial date. The NY Times thought this patently unfair: namely the bail, not the circumstances leading to Tomlin’s arrest the latter of which Tomlin bears sole responsibility for as there was no doubt about Tomlin carrying a controlled substance.
The Times’ reporter, alluding, as he apparently thought, to the immorality of arresting a person for simply carrying, and not selling a controlled substance, did acknowledge that Tomlin had a lengthy criminal history, and that history included multiple felony convictions. Still, unperturbed by and dismissive of the fact of multiple felony convictions, the reporter argued that requiring bail of individuals like Tomlin, who, apparently, can ill afford bail, is patently unfair. The gist of Pinto’s argument became the germ for radical bail reform measures Leftist governments would institute several years later. The article demonstrates how closely tied a seditious activist Press is to Radical Leftists in Congress and to Leftist State Governments—constantly feeding ideas to each other for the purpose of dismantling our Constitution, undermining our fundamental, immutable, natural rights, and destroying a free Republic.
“Of the 2.2 million people currently locked up in this country, fewer than one in ten is being held in a federal prison. Far more are serving time in state prisons, and nearly three-quarters of a million aren’t in prison at all but in local city and county jails. Of those in jails, 60 percent haven’t been convicted of anything. They’re innocent in the eyes of the law, awaiting resolution in their cases. Some of these inmates are being held because they’re considered dangerous or unlikely to return to court for their hearings. But many of them simply cannot afford to pay the bail that has been set.”
“. . . innocent in the eyes of the law, awaiting resolution in their cases”? The Times’ feature writer is evidently referring to the oft-used mainstream media phrase, ‘presumption of innocence,’ a well-known platitude.
The idea conveyed is that the accused is presumed innocent until or unless guilt is proved in a Court of law. Often bandied about as self-evident true, this notion, as with so many others—some concocted out of whole cloth, like the idea that semiautomatic weapons that may happen to look like military weapons are to be classified as ‘assault weapons’ and are therefore to be banned from the civilian citizenry as ‘weapons of war’—is facially false. Yet the false idea, taken as true and absolute, becomes the basis for instituting a plethora of unconstitutional and bizarre governmental policy measures.
That is the case with the presumption of innocence platitude. The false idea behind the platitude becomes the rallying cry of Leftists calling for extreme criminal reform measures—measures that are both unnecessary and that, once implemented, are dangerous to the safety and well-being of the polity.
THE PRESUMPTION OF INNOCENCE PLATITUDE DOES NOT APPLY TO AN ARREST, ARRAIGNMENT, OR PRE-TRIAL DETENTION
Radical Leftist activists of all stripes—Marxists, Socialists, Communists, and Leftist anarchist groups—misapprehend, misconstrue the legal significance of the concept of ‘presumption of innocence’ that they flippantly and frivolously toss around in their baseless attack against the criminal justice system.
The phrase, ‘presumption of innocence,’ is nothing more than an informal and inaccurate banality. It is not an affirmation of innocence. Yet, Leftist activists, such as our NY Times Reporter, ever evincing concern, real or imagined, over the seeming plight of criminals awaiting trial, lose sight of this fact. They attach more import and purport to the platitude than the platitude merits, and fail to appreciate, or otherwise ignore, what it does apply to. We explain, below.
LEFTISTS CRY OUT: “GET RID OF BAIL AND REMOVE GUNS FROM CITIZENS!” AFTER ALL, “INNOCENT” CRIMINALS HAVE RIGHTS TOO!”
WHAT DOES THE PRESUMPTION OF INNOCENCE PLATITUDE REALLY MEAN AND WHEN AND TO WHOM DOES IT TRULY APPLY?
The presumption of innocence platitude applies to criminal trials. It has no application to pretrial events: arrest, arraignment, or detention awaiting trial. The platitude alludes to a legal procedural safeguard afforded the accused at trial, nothing more. The phrase appears nowhere in the U.S. Constitution and does not invoke a substantive right. It is merely a colloquial expression, not a legal term of art, and, like many colloquial expressions, it conveys erroneous and exaggerated ideas that the seditious Press and Leftist activists latch onto in their ceaseless attack against our Constitution and our system of laws.
UTILIZATION OF THE PRESUMPTION OF INNOCENCE PLATITUDE IN A CRIMINAL TRIAL
The prosecution must, in the first instance, present evidence to prove the accused’s guilt of a crime. The accused does not bear the initial burden of having to prove his innocence. And the prosecutor’s burden—guilt beyond a reasonable doubt—is a difficult one to meet; deliberately so, decidedly so.
Further, the burden of proving guilt in a criminal prosecution falls solely on the Government. The accused need not present evidence in his or her defense. What does that mean? It means the accused need not make a showing of—namely demonstrate—his or her innocence at all. If the prosecution fails to make a case for the accused’s guilt, beyond a reasonable doubt—the highest bar set in our system of law and justice—the Court must acquit the accused of the crime. The Court has no other choice.
If, however, it appears the prosecution has met the difficult burden of proof, it behooves the accused to present evidence to rebut the State’s evidence. But the accused need not do so. The accused need not do anything to prove his or her innocence of the crime charged, and the prosecution must do everything to convince the trier of fact that the accused is guilty of the crime charged.
The presumption of innocence platitude does not, then, really attach to anyone or to anything.
The platitude simply alludes to the burden of proof and the party upon whom the burden of proof rests. In a criminal proceeding the burden of proof rests initially, and, in fact, solely, on the prosecutor, not on the accused.
The prosecutor must prove, one, that a crime has been committed, two, that each statutory element of the crime has been met in the proof; and, three, that the person accused of committing the crime probably did commit the crime, beyond a reasonable doubt. The platitude, contrary to common belief, does not impute innocence onto the accused.
Once trial concludes, the trier of fact, often a jury but sometimes the Court itself, if the accused agrees to a “Bench Trial” in lieu of a jury trial, considers whether the prosecution has met its burden of proving the accused committed the crime he was charged with, weighing the prosecutorial evidence of guilt against such contrary evidence the accused presents if the accused wishes to present any evidence in his defense. The trier of fact then renders its verdict: to convict or to acquit.
The prosecution has a heavy burden to lift and won’t generally prosecute a crime unless there is substantial and compelling evidence of the accused’s criminal conduct.
Critically, such evidence a prosecutor wishes to introduce at trial must be admissible, which means that, on occasion, evidence of guilt of the accused may be incontrovertible and, yet, inadmissible in Court because, under the rules of evidence, the evidence that the prosecutor would like to use but cannot, is legally tainted.
Thus, if a prosecutor does bring a case to trial, the prosecutor does so because the accused likely did commit the crime he or she was charged with, and the prosecutor has substantial, compelling, and admissible evidence to support a conviction.*
Leftist activists, though, ever quick to condemn our system of laws, justice, and jurisprudence, in their zeal to promote the welfare of criminals over that of the safety and security of the law-abiding citizen, demonstrate their obliviousness to the heavy burden our legal system imposes on the State to prove the accused committed the crime he or she is charged with.
Leftists routinely attack and constrain the police and concoct schemes to undermine our legal system. One such scheme involves bail reform. By ‘bail reform’ they mean doing away with the requirement of bail altogether, because they assume, erroneously, that the requirement for bail is inconsistent with the presumption of innocence platitude, which, as we explained, supra, doesn’t apply to pre-trial events at all. If the requirement of bail were incompatible with due process in all criminal proceedings, the Bill of Rights would have condemned the requirement of bail as inconsistent with a person’s necessary, fundamental, immutable, natural rights and liberties. Yet, that is not the case at all, as the Eighth Amendment makes abundantly clear. The setting of bail is permissible, but it cannot be excessive.
IS BAIL REFORM AND CIVILIAN OVERSIGHT OF THE POLICE REALLY A GOOD IDEA AS THE RADICAL LEFT AND NEW PROGRESSIVE LEFT MAINTAIN?
A seditious Press, like the NY Times, operating in flagrant disregard to news accuracy and truth, obsessively desirous of and complicit in achieving the Radical Left agenda, in service to millions of criminals and illegal aliens who daily dare to flaunt our laws—undermining our institutions, preying on our citizenry—argues for application of the prosecutorial burden at trial to pretrial events. Thus, a misunderstanding of the phrase “presumption of innocence” becomes the impetus for enactment of ludicrous laws and dangerous practices such as doing away with bail altogether and harboring a dismissive attitude toward prosecuting crime at all.
Flash forward in time: NYC’s lackluster Mayor, Bill de Blasio, whose bid for the DNC nomination for U.S. President quickly fizzled out, devised a plan to protect the criminal class: simply do away with the requirement for posting bail, while awaiting trial, and hamstring the police while you’re at it. The New York Post writes,
“New York City voters passed a ballot measure Tuesday that will boost a government watchdog’s oversight of the police department — coming just a day after the resignation of Police Commissioner James O’Neill and after years of tense cop-community relations.
The amendment to the city constitution gives the Civilian Complaint Review Board more power to investigate cops it suspects lied to the panel regarding alleged brutality or other misconduct.
“This slate of reforms will make the CCRB more efficient, make discipline more transparent, and bolster public confidence in the integrity of the agency’s process,” he said.
But police unions fired back that the public’s decision undermined cops.
“Today the NYPD was stabbed in the back by the very same people we swore to protect. With bail reform taking effect in January of 2020 and the passing of CCRBs political power grab, New Yorkers can only expect the NYPD to provide paralyzed policing on city streets,” said Sergeants Benevolent Association President Ed Mullins.
O’Neill — who is leaving to take a private-sector gig in California — had been heard repeatedly warning others in law-enforcement that “It’s only going to get worse” under the changes, police sources have told The Post.”
It’s wondrous strange that New York City Mayor Bill de Blasio claims the public doesn’t need firearms for self-defense because, as he contends, the police provide the public with all the safety they need. At least this is what he told the political commentator Sean Hannity on Hannity’s nightly Fox News program.
But now we learn that Bill de Blasio doesn’t even want the police to do a modicum of police work, as he hampers their work, second guesses their actions, and releases hundreds of individuals charged with serious crimes from jail without requiring bail, presenting a threat to the safety and well-being of the citizenry.
And, lest we forget, New York City is making it next to impossible for average American citizens residing in New York to obtain a handgun license for self-defense. And Leftists contend they care about the value of human life? Really? It is as if the Leftists in their condemnation of civilian ownership and possession of firearms and in their hasty desire for criminal reform, do intend to leave the citizenry defenseless. But, then, this is all part of the Radical Left and New Progressive Left game plan: to conduct a scarcely soft revolution, to tear down our free Republic.
We are even now seeing the results of the Leftist game plan tragically playing out in major cities across our Nation.
*Corrupt prosecutors may, as we unfortunately learn, manufacture false evidence of a crime or fail to provide exculpatory evidence of innocence. That’s always a problem, and, on an “industrial” scale, a serious problem, dangerous to the integrity of our entire judicial system. The sham Mueller investigation is a casebook study of a massive prosecutorial corruption scheme instituted for the sole purpose of unseating a duly elected President and harming many law-abiding citizens on the way. Ruthless forces both here and abroad, that seek to destroy the Trump Presidency, planned and carried out this charade. And the charade continues today, now in the guise of a Congressional impeachment against Trump.
The forces that seek to unseat Trump perceive his policy goals summed up in the campaign slogan, “Make American Great Again,”—which, for Radical Leftists, amounts to a four-word phrase obscenity—as incompatible with their own goal of a one-world system of governance. But these forces that would crush this Nation and its people into submission don’t stop there. Through the despicable secretive actions of George Soros, a henchman of the Globalist “elite,” prosecutors of a different sort, who Soros has inserted into several City Governments: Radical Left activists or willing toadies of Soros and of the Radical Left, who won’t prosecute crimes, even serious crimes, at all.
As reported by the Washington Times, these puppets of neoliberal, Globalist, Transnationalist forces—who include Chesa Boudin in San Francisco, Kim Foxx in Chicago, Larry Krasner in Philadelphia, and Rachael Rollins in Suffolk County, Massachusetts—regularly refuse to prosecute crimes, thereby endangering the safety and well-being of the public and making a mockery of our entire system of law and justice. That, of course, is all in accord with the Radical Left’s plan intentionally to disrupt the judicial process to destroy our Country from within.
NO POLICY IS TOO EXTREME FOR THE RADICAL LEFTIST AND PROGRESSIVES IF IT SERVES THEIR AGENDA
Just how far is the radical Left willing to go to carry out their vision for a new America? Well, let’s consider how far one Leftist, namely, New York City Mayor Bill de Blasio, is willing to go. The Wall Street Journal provides us with an inkling, reporting on May 28, 2019:
“More teens accused of serious felonies will be released from jail without bail under New York City’s latest push to limit incarceration, Mayor Bill de Blasio said Tuesday.
The new policy, which begins June 1, would affect hundreds of teens accused of serious crimes like assault, robbery and burglary, allowing them to be eligible for release without bail, while they await adjudication of their case.”
Releasing dangerous people, charged with serious crimes, on the street, and, at once, hamstringing the police will hardly make the City safer.
And doing away with bail altogether serves only to worsen the situation. Doing so is foolhardy and takes the Eighth Amendment to the Constitution, which cautions that bail cannot be excessive, too far. The Eighth Amendment mandates only that the bail amount set must be commensurate with the crime. But there is nothing in the Eighth Amendment to suggest that the imposition of bail is inconsistent with due process in criminal proceedings.
The Eighth Amendment sets forth:
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Obviously, bail has a basis in criminal law and procedure. It isn’t a mere legal nicety. It has a place in our criminal justice system to ensure the accused will appear for trial. A dollar amount set by the Court reflects the seriousness of the crime charged against the accused. If the accused does not have funds on hand to meet bail, the accused has recourse to bail bondsmen.
But Leftist activists like de Blasio have an agenda and that agenda has nothing whatsoever to do with safeguarding our citizenry and preserving both a free Republic and the Constitution. The Leftist agenda has everything to do with tearing down our free Republic and rewriting the Constitution to cohere to the Collectivist tenets of Marxism, Socialism, and Communism—tenets at odds with those of Individualism upon which our Constitution, the blueprint of our Republic, rests.
Recently, the New York Post reported:
Nearly 900 city jailbirds could be celebrating Christmas early courtesy of Gov. Andrew Cuomo and a plan to quietly free them before the state’s bail-reform law goes into effect next year, The Post has learned.
And if that weren’t enough of a gift, Mayor Bill de Blasio is promising to follow up with even more presents for the lucky accused criminals — by giving them free baseball tickets, movie passes and gift cards to encourage them to return to court, sources familiar with the program said.
‘You’re literally rewarding them for committing a crime,’ said a disgusted senior staffer in Manhattan Criminal Court.
The proposed early jail release is tied to a law that Cuomo signed in the spring to eliminate bail for defendants charged with an array of misdemeanor and felony crimes.
The more than 400 offenses include such heinous acts as criminally negligent homicide, aggravated assault on a child under 11 and selling drugs on or near school grounds, according to a memo being circulated by prosecutors across the state and obtained by The Post.
The law goes into effect Jan. 1 but it will be retroactive — meaning inmates who are already locked up on such cases can apply to have their bail lifted and to be freed.
In the Big Apple, court officials estimate that 880 prisoners — about 16 percent of all pretrial detainees housed by the Department of Correction — will be eligible for the get-out-of-jail-free cards.”
A PERSON ACCUSED OF CRIME ALREADY HAS A FULL PANOPLY OF PROTECTIONS BUT DE BLASIO AND CUOMO DO NOT SEE THIS AS ENOUGH
Substantive and substantial legal Constitutional and Procedural safeguards and protections exist to protect the rights of the criminal accused at trial. We don’t need more. This would only serve to endanger the public.
First, common law crime no longer exists in our Country. No conduct is illegal unless such conduct is set forth statutorily, in our State and Federal Criminal Codes. The elements of each crime are set forth clearly and unambiguously. To support a conviction, the prosecution must prove each element of a crime.
Second, the accused enjoys substantial procedural safeguards under extensive State and Federal Rules of Criminal Procedure.
Third, and most critically, the U.S. Constitution accords the accused a full panoply of substantive, fundamental, natural rights. Under the Fourth, Fifth, Sixth, and Eighth Amendments of the Bill of Rights, along with rights laid out in the Fourteenth Amendment, the accused has substantially more legal protections than those accorded the accused in any other Nation.
Regardless, Radical left activists continue to malign our Constitution and our system of laws, contending that those charged with crimes don’t have enough legal protection. That notion is patently false; even ridiculous. But, why does the Radical Left constantly go on about the presumed inequities and iniquities of our criminal justice system? Is it that they truly care about what befalls serial criminals or do the motivations of Leftist activists lie elsewhere?
WHY DOES THE RADICAL LEFT CONTINUE TO PROMOTE THE WELFARE OF CRIMINALS OVER THE SAFETY AND SECURITY OF THE POLITY?
Radical Left groups and politicians, along with a seditious Press, foment societal confusion, dissension, and unrest. They encourage disrespect for our Constitution, our laws, our social and political institutions, our culture, our history, our core ethical Judeo-Christian values, and our National identity.
Through a caustic, diabolically planned and orchestrated agenda, they seek to induce mass hysteria and rend the very soul and psyche of the Nation, thereby disrupting societal cohesion and creating societal instability. Thus, the polity becomes soft, malleable; and open to a completely new vision of reality: The Collectivists’ vision; a vision that entails the end of our Nation-State; the end of our fundamental, natural rights and liberties; and the insertion of the tatters that remain of our Nation into a new transnational political, social, economic, and cultural system of governance where the polity sees itself subject to abject penury and misery, subjugation and harassment, and under constant surveillance.
Leftists, swift to promote social justice for the criminal class, in their zeal to tear down the social order and to rebuild it in accordance with the tenets of Collectivism, the criminal class becomes a useful tool to accomplish their goals, and, so, dismiss the safety and welfare of the law-abiding citizenry.
Thus, do Leftists show their disdain for the welfare of human beings, as they, one, release upon the citizenry, a plague of criminals, free to disrupt and harm; two, constrain the police, making it difficult for them to promote the public welfare; and, three, dispossess average, law-abiding, responsible, rational Americans of their firearms, leaving them defenseless in the face of the criminal element now given carté blanche to run amok in society. This, then, is a major component of the Leftist plan for the re-ordering of society.
Would these Leftist policies establish a Socialist or Communist Utopia? If so, what might that Utopia look like? Do you really want to know? Peer down at Cities like Chicago, Detroit, Los Angeles, San Francisco, and New York. Do you like what you see? If so, you will be most happy to know this is what the Radical Left has in store for the entire Nation.
Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.