Our Grand Children are victims of;

"Protect the "system" at all costs. The "system" is the only ultimate sacred cow - not any particular law or constitution, but only "the system." Because, ultimately, it is the system which makes certain that the individuals functioning within it - from judges to lawyers, to prosecutors, to politicians, to businessmen - have their places and positions, and opportunities and pecking order, and future."

In 1696, England first used the legal principle of parens patriae, which gave the royal crown care of "charities, infants, idiots, and lunatics returned to the chancery." This principal of parens patriae has been identified as the statutory basis for U.S. governmental intervention in families' child rearing practices.

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
Preamble of the original "organic" Constitution

"We hold these truths to be self-evident. That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."
Excerpted from the Declaration of Independence of the original thirteen united states of America, July 4, 1776


Sunday, October 9, 2011

Tacit Conspiracy/Official Misconduct

From: Wikipedia
Tacit

Tacit knowledge has been described as “know-how” - as opposed to “know-what” (facts), “know-why” (science), or “know-who” (networking). It involves learning and skill but not in a way that can be written down. The process of transforming tacit knowledge into explicit or specifiable knowledge is known as codification, articulation, or specification. The tacit aspects of knowledge are those that cannot be codified, but can only be transmitted via training or gained through personal experience.

Conspiracy

Conspiracy has been defined in the US as an agreement of two or more people to commit a crime, or to accomplish a legal end through illegal actions.[6][7] For example, planning to rob a bank (an illegal act) to raise money for charity (a legal end) remains a criminal conspiracy because the parties agreed to use illegal means to accomplish the end goal. A conspiracy does not need to have been planned in secret to meet the definition of the crime. One legal dictionary, law.com, provides this useful example on the application of conspiracy law to an everyday sales transaction tainted by corruption. It shows how the law can handle both the criminal and the civil need for justice.
[A] scheme by a group of salesmen to sell used automobiles as new, could be prosecuted as a crime of fraud and conspiracy, and also allow a purchaser of an auto to sue for damages [in civil court] for the fraud and conspiracy.
Conspiracy law usually does not require proof of specific intent by the defendants to injure any specific person to establish an illegal agreement. Instead, usually the law only requires the conspirators have agreed to engage in a certain illegal act. This is sometimes described as a "general intent" to violate the law.


A tacit conspiracy is defined as an unspoken "agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of [the parties] actors/actions".

Conspiracy against rights

The U.S. has a specific statute dealing with conspiracies to deprive a citizen of rights justified by the Constitution.

Official Misconduct

Conspiracy Against Rights, 18 U.S.C. § 241. Section 241 of Title 18 is the civil rights conspiracy statute. Section 241 makes it unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the Unites States, (or because of his/her having exercised the same). Unlike most conspiracy statutes, Section 241 does not require that one of the conspirators commit an overt act prior to the conspiracy becoming a crime. The offense is punishable by a range of imprisonment up to a life term or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

Deprivation of Rights Under Color of Law, 18 U.S.C. § 242. This provision makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

Source: The United States Department of Justice

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