What and why did a Supreme Court Justice make this statement. “ the plurality’s decision sacrifices the rights of law-abiding citizens to live in safe neighborhoods while guaranteeing that gang members have the constitutionally protected right to loiter freely.”
In the previous post, I stated to present what I believe is both necessary and Constitutional to help remedy justice for gang killings, A based on a previous Supreme Court Decision.
The purpose of this post is to question the wisdom of the reality of millions of people having to live in metropolitan neighborhood “war zones” that include being wounded or killed even if innocent and must employ “street smarts” to survive their living circumstances. “Street smarts” is to remain inside their homes and remain silent while gangs shoot and kill each other and innocent victims for fear of gang reprisal to themselves or their loved ones.
In this post, I will present my opinion why “due process, and “trial by jury” Rights were never intended to apply to individuals and not gangs.
Ecclesiastes 4:9-12 New International Version (NIV)
9 Two are better than one,
because they have a good return for their labor:
10 If either of them falls down,
one can help the other up.
But pity anyone who falls
and has no one to help them up.
11 Also, if two lie down together, they will keep warm.
But how can one keep warm alone?
12 Though one may be overpowered,
two can defend themselves.
A cord of three strands is not quickly broken.
What’s My Point
Note the proverb verses explains how one only (individual) may be overpowered and three cords (gangs) and cannot be quickly broken.
Now consider that Chicago Police have “a database of street gang members that now totals a staggering 128,000 names — and that doesn’t even include juveniles.”
In this post, I will present my opinion why “due process, and “trial by jury” Rights are not realistic and were intended to apply to individuals, and not gangs.
History of Due Process and Trial by Jury
History records gangs existence in ancient times. Laws and methods to control gangs were often cruel and unjust. The Normans introduced trial by jury and the English Magna Carter and system of USA laws was carried over from English Laws System.
The laws have special provisions to apply Marshall Law Jurisdiction over Individual due process and jury by trial when certain conditions existi in both times of peace and war.
During war, military laws take precedence over due process laws. In 1866, the Supreme Court overruled Abraham Lincolns use of attempting to apply Martial Law.
In 1999, the Supreme Court overruled the City of Chicago Ordinance to attempt to prevent gang loitering.
Justice Scalia asserted that the dispersal order at issue under the Ordinance “could hardly be clearer.” 2°9 Specifically, he argued that the requirement that police officers “‘reasonably believ[e]’ that one of the groups to which the order [was] issued [was] a ‘criminal gang member”‘ sufficiently resembled probable cause, eliminating the possibility of arbitrary or discriminatory enforcement.
Justice Thomas made the above statement under the title of this post.
If you read the Source Links in relation to both Supreme Court Decisions, both state that Congress has the Constitutional authority to legislate laws to resolve USA problems and the Supreme Court only interprets the laws.
In other words, Congress can decide that in order to resolve the gang problems, it can pass laws or change laws not to apply “individual Rights” to “gang armies” that now exist in many cities in the USA.
In My Opinion
It is time to face the reality that gangs have more power than individuals. That municipalities do not have sufficient police, judges, or taxpayer funds to solve and ad mister individual due process to control “armies” of gang member’s abilities to terrorize neighborhoods.
Just consider, if only 10 percent of the 128,000 gang database is accurate and engage in criminal actions, and were arrested and tried in a jury process, it would require billions of dollars and millions of hours to gather evidence to prosecute and conduct jury trials.
How arrogant, how foolish, how out of touch with the reality of gang power are our leaders and ourselves to not organize and defend the Rights of individual innocent victims over armies of criminal gangs and obtain equal Rights as intended by the founder s of our Constitution and Nation.
Read the selected Souce Links below.
Then ask yourself if the intention of the Constitution was to “guarantee the Rights” of individuals rather than to grant the power of “thousands of cords”(gangs) to “sacrifice the Rights of the “single cords” (individuals) law-abiding victims living in war zone neighborhoods?
In My Next Post
I will explain the statement in Post One, what is the core reason of all the contributing reasons for criminal gangs, and my proposed solutions. One solution which requires a different avenue of thought for social activists to consider other than martial law becoming an avenue for social unjust mass arrests by the powerful and privileged.
Will my answer to identify who are the real sinful witness sinners surprise you?
Will my proposed solutions be realistic, wise or foolish?
Regards and good will blogging.
The city of Chicago vs Morales
Constitutional Topic: Martial Law
What Is a Gang? Definitions
Chicago Police Gang Database