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The Holocaust II – Civil Laws Undermining Criminal JusticeSandra Loweaffiliation not provided to SSRN March 13, 2012 Abstract: The child abandonment law OCGA 19-10-19-11-18 is unjust, a human rights violation and illegal under the constitution because it violates every constitutional amendment afforded citizens of the U.S. except #2-3. Defendants are tried in every venue and even when the case is dismissed, it allows continuous litigation and the filing of charges against the defendant. Has congress and the courts rewrote the constitution to override the Bill of Rights? The “Double jeopardy” clause in the 6th amendment prohibits continuous prosecution for the same offense arising out of the same incident. The 8th amendment prohibits cruel and unusual punishment, but in civil matters that have criminal penalties this act is void. Indigents are guilty of not an actual crime, but because there are no jobs they are considered voluntarily unemployed. Therefore, being poor in a depressed economy is a crime which is unconscionable. The War of Independence was fought to remove tyranny from the American political system and build a sense of justice in our courts. The abandonment law reverses the Constitution, denies access to the courts for the men who owe support and entraps them for sentence enhancement. When a father leaves the court, he is already in contempt of court, because the guidelines for paying support are above his ability to pay which is entrapment. They pay according to skill level even if unemployed. If there are other kids that are not on a court ordered support payment they don't count. The 1929 Wall Street crash that lead to the Great Depression caused President Theodore Roosevelt established a formal Welfare, to help the poor, unemployed and to prevent men who could not support their kids from committing suicide. Why? Because the philosophy of the day was “if you don’t work you don’t eat’, but there were no jobs. Families went hungry, soup lines were formed and foreclosures were rampant. The president and his successors felt compassion for the unemployed who fell on hard times and needed a helping hand. Today, one superior court statistics showed that there were 159,000 criminal convictions and 300, 000 civil convictions. In criminal trial today, your trial is prejudiced due to the fact that public defenders don’t put up a defense. In civil matters due to gender bias men don’t get an attorney at all, but she does which violates equal protection and Title VI of the Revenue Sharing Act. Therefore, justice is denied if you are male, indigent, almost indigent or receiving a criminal conviction in a civil matters. But, that's not all, to convict all there is needed is a preponderance of evidence. During the holocaust the Jews were segregated from the races by incarceration, then slavery inside the prison and the final solution was death due to public outrage that considered them a menace to societ; therefore, less than human. Today, being male and especially black it is the same way. The media only portrays black crime, the courts of overwhelmingly filled with black defendants who are male, and the correctional facilities are overcrowded due to that fact and more prisons are being built through a contract with states guaranteeing a 90-95% incarceration rate. Private prisons are a booming business financed by Bank of America and Lehman Brothers who were the culprits that crashed the economy, used vulture funding to steal the American dream of home ownership and robbed the national treasury through bailouts. It now costs states trillions for incarcerating nonviolent offenders, and they are building more facilities, costing states jobs and creating a budget crisis. This is a human rights crisis where the defendant’s only crime is being poor and caught in legalized slavery.
Number of Pages in PDF File: 27 Keywords: criminal justice, civil rights, abandonment, child support, injustice, mass incarceration, selective prosecution JEL Classification: B1, B14, B15, B30, D60, D63, D73, D80, D81, D83, F70, H00, H30, H53, H60, H70, H72, I100, J71, J78 working papers seriesDate posted: March 15, 2012 ; Last revised: March 19, 2012Suggested CitationContact Information
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