US Justice System Legally Destroying Lives
                                                                        

  Bye Dad,  I'll see you on my 18th Birthday.

Love Trent

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The state calls its own violence law,  but that of the individual crime.


 

  16-year sentence for consensual  sex. Steven and his wife may have messed up but they handled the situation  better than the State of Florida and the US Justice system ever will. They were a family, something the US Justice system doesn't understand.  And what is most important they were happy together. The pictures don't lie. Until State of Florida,  Judge Larry  Schack & US Justice system destroyed this family on Jan. 09 2007 when they sentenced Steven to 16 Years prison time.  Prior to the legal system entering this picture, Steven, Tiffany and Trent stood a good chance of making it as a couple and a family. At the time of sentencing their third wedding anniversary was coming up.    

Our Constitution intended that only elected lawmakers be permitted to create law, yet judges create their own law in the judicial system based on their own opinions and rulings. It's called case law, and it is churned out daily through the rulings of judges. When a judge hands down a ruling and that ruling survives appeal with the next tier of judges, it then becomes case law, or legal precedent. This now happens so consistently that we've become more subject to the case ruling laws made by the lawmaking of judges rather than the bodies outlined in our Constitution.......... it is estimated that 70 percent of low- to middle-income citizens can no longer afford the cost of justice in America. What would our Founding Fathers think?

That would be O.K. if the judges would read the facts of the case they are presiding on, and then make a decision. In most cases they do not read, therefore they are making their ruling solely on the prosecutor's theory and base their opinion and ruling on it  bypassing  the  constitution.



Danica and Trent

This case-law system is a constitutional nightmare because it continuously modifies Constitutional intent. For lawyers, however, it creates endless business opportunities. That's because case law is technically complicated and requires a lawyer's expertise to guide and move you through the system.

The judicial system may begin with enacted laws, but the variations that result from a judge's application of case law all too often change the ultimate meaning.

By John F. Molloy

http://www.jail4judges.org
/JNJ_Library/2005/2005-11-29A.html


            Trent

An eye for an eye makes the whole world blind.
-Mahatma Gandhi

 

The virtue of justice consists in moderation, as regulated by wisdom."
Aristotle

 


It is not a Justice System. It is just a system. ~Bob Enyart

Bad laws are the worst sort of tyranny. ~Edmund Burke

This is a court of law, young man, not a court of justice. ~Oliver Wendell
Holmes, Jr.


Trent

Do not pursue with the terrible scourge him who deserves a slight whip.
[Lat., Ne scutica dignum horribili sectere flagello.]
- Horace (Quintus


 
Steven with his dog Rocky

Among the attributes of God, although they are all equal, mercy shines
with even more brilliancy than justice.
- Cervantes

Let us be merciful as well as just.
- Henry Wadsworth Longfellow
 


Mercy more becomes a magistrate than the vindictive wrath which men call justice.
- Henry Wadsworth Longfellow
 

One can not be just if one is not humane.
[Lat., On ne peut etre juste si on n'est pas humain.]
- Luc de Clapier de Vauvanargues, Reflexions (XXVIII)

In the Halls of Justice, the only justice is in the halls.
Lenny Bruce
 


That's hysterical

 

http://www.inthesetimes.com
/main/article/2797/

 


THIS IS FUN    
 

"If the motto ‘and justice for all’ becomes ‘and justice for those who can
afford it’, we threaten the very underpinnings of our social contract."
- Chief Justice Ronald George California Supreme Court, Annual "State of
Judiciary" Speech, 2001


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We love Martin McMahon

From TCPalm, Stuart, FL

Regarding Judge Larry Shack and his ludicrous statement, “I’m going to hand out a million years served before I’m off the bench,” what do we have here? Premeditation and prejudice — already sentencing people before their cases are heard. He is an elected egomaniac.

Let’s get together and vote, or force this “judge” into another venue — maybe flippin’ burgers at a hamburger stand. Then the “judge” can claim more than a billion served.

Martin McMahon
Stuart, Fl

statutory-rape http://www.moraloutrage.net/
staticpages/index.php?page=sexcrimeconvicted

 

Was it  just another selective enforcement of the law as well as cruel and unusual punishment contrary to the Constitution?  

G
iven the facts that Steven was 27, his wife 20 and their son Trent 4 old and that they are a family unit. How can the judge pass a sentence on Steven of 16 years for consensual relations with now his wife.

Why did Larry Shack gave Steven 16 years and at the same time allow another men who was charged with the same crime walk away with probation?

Here are a few cases tried around same time and one by the same judge.  Larry Schack.  

Port St. Lucie, Fl
Michael A. Brown 47 years old charged with
 lewd and lascivious battery with 13 year old girl plus Grand Theft, Possession of Drug Paraphernalia ...got Time served in county jail (14 months) plus 4 year probation.  Now, that is a pedophile and the judge let him walk.

West Palm Beach
Brian J. Taylor  (Teacher)

Had 2 year sexual relationship  with 16 year old student.
Case was dropped.

Martin County, Fl
Judge Larry Schack sentence Ari Ravon Stanberry
for lewd and lascivious battery plus 3 prior felony to 2 years  Sex Offender Community Control and 4 year probation.

For the same thing Judge Larry Shack gave Steven a 16 year sentence. After reading the full story below, can someone explain how that can happen,  explain  to his 5 year old son, Trent.

This case is a travesty of justice.   We are not endorsing Stevens' conduct.  What he did was illegal, and he deserved to be punished for it.  But the punishment has to fit the crime, and the punishment has to be proportionate to what any other person, similarly situated, would receive.

So was it just another selective enforcement of the law as well as cruel and unusual punishment contrary to the Constitution's 8th amendment?

And then the judge has the audacity to say this to Steven:


" I certainly hope this was worth it for you because it has destroyed your life, this young lady's life and caused permanent damage to your son."

What he meant by that we don't know. What we do know is his ludicrous out of courtroom statement: “I’m going to hand out a million years served before I’m off the bench,” what do we have here? Premeditation and prejudice — already sentencing people before their cases are heard. He is an elected egomaniac.

And what we do know is that he most certainly destroy Steven's life, his marriage, his child's relationship with him.  How has justice been served in this situation when everything around this case lies in tatters, lives ruined and torn apart.  Prior to the legal system entering this picture, Steven,  young lady and Trent stood a good chance of making it as a couple and a family.

Giving 16 years prison sentence to a man who had consensual relations   with his wife when she was almost 16 year old,  but not hearing witnesses or acknowledging what they have said about circumstances that surround this incident it is preposterous. That is when State calls its own violence law, but that of the individual crime.
The Judge must have been sleeping on the bench if he didn't hear what Steven has done for Tiffany and his son from early pregnancy.
She was " victimized " long before Steven arrived in her life and not as portrayed by Judge Larry Schack. Steven in fact was a positive influence in her life. He encouraged her to get her life back on track and when she was with him she was on her way to a normal life. When Trent was born  no one cared except one man who realized that mistakes had been made and he accepted the responsibility of this from early pregnancy. He took Tiff to the doctor for checkups, he was at the hospital for the birth, he cut the umbilical cord. He put his name on the birth certificate without any proof at the time that he was the father.  He was helping and care for the boy until all came crashing down once the state got into it.  

This man went  through hell the past 4 years and has already served 4 1/2 years in jail.  After all, he is not just a number in the penal system,  he is a husband, a father of a 6 year old,  a brother and son to someone.  He will be the first to admit that he made a mistake and he did everything in his power to try and make things right afterwards. 

We realize that the penal system was setup to be punitive in nature and not remedial. But 16 years sentence is extremely excessive for the nature of the offense committed.

The disparity of treatment in these cases  as compared to the sixteen year sentence that Steven  received is blatant and very obvious.  How can this be explained with any cohesiveness and reason?  How can some people "walk" and some serve a good part of their lives behind bars?  Why is the judicial system not accountable for such disparity of sentencing and why isn't there more transparency in the system?

The individual state's need to revise their statutory rape laws to reflect what is going on in the twenty-first century and the sexual behavior of teen's and young people today.  Until that time comes,  sex education classes should be more all-inclusive in  explaining the legal consequences of premarital sex by teenagers not just the caveat to "use condoms".  There are many more legal consequences to teenage sex than just STD's and unwanted pregnancies.

Aside from the above consequences, spending many years in prison is one very big failure of the system.  IT SERVES  NO PURPOSE.  Few teenagers and their parents are aware that serious jail time is a very real possibility in underage sex.    Rather than changing the law in the failed system, the system is further punishing the offender.     In addition to jail time, as things presently stand, the offender, once released is put on a Sex Offender Registry and in a very real sense, this "sentence" lasts a  lifetime and its repercussions follow the individual for all of his life.    True pedophiles need to be put on such a list, not young people who are behaving in the norm for their age bracket by today's way of life. 

16-year sentence for consensual  sex.
 THE KINGS OF HYPOCRISY
US JUSTICE SYSTEM

The State of Florida is a creator of social problems,  Tiffany for example, having her own problems,  she can't take care of  their child by herself she needs help from her parents who are presently taking care of their son.     And at the end Steven?  He worked hard full time, attend college at night and was attempting to start up his own business was taken away from all this. Hi will be 41 years old when he'll get out of prison. No education, no work experience. Label of pedophile on his forehead that will have to carry for life. What will happen to him? Probably another social problem because it is a good  chance that he will not be able to get  a job.  His parents  probably not going to be around anymore to guide him or help him.
Changes in sentencing law and policy, not increases in crime rates, explain most of the six-fold increase in the national prison population.  And “one size fits all" mandatory minimum sentences that allow little or no consideration for individual characteristics as in case above.   How many prisoners have been victimized with maximum or near maximum sentencing just for a prosecutor's career ambition to be furthered, mostly to become judges? They rack up convictions like scalps on an Indian's belt just to secure their career goals. The prosecutor in this case, Kathy Roberts of Martin County, has achieved her crowning goal and became judge shortly after she charge and prosecute Steven. Keri Smith took Roberts job so Stevens conviction become trophy on his belt and soon he will be joining the club of judges.

Is that how we solving a problems. Is that right thing to do?  All the wrong choices. How can we be the leader to the world if we are becoming a laughing stock of the world.

We need to take a good look at the our own back yard our own living room our kids room. What do they see and read on the internet? They are watching nip/tuck for breakfast, lunch and diner. The most sexual TV series I have ever watch on TV. And then we are sending them to 16 years in prison for having consensual sex? 

State Department also have the nerve to send out complaints every year to 180 nations abut human rights violation?  Mr. President, House of Representatives, Senators, the People of The United States,  take a good look in to our prisons and you will never again complain about human right violations. How sad!

An 8-year-old boy from Arizona has been charged with the premeditated murder of his father     and his friend.  Police are pushing to have the boy tried as an adult even as they investigate possible abuse.  Since when an 8 year old can premeditate murder? And then be tried as an adult,  but 15 year old can't consent to have sex?

It is a fact that 70-80% of US prisoners within one year are back in prison. In Europe for example the number is reversed, 80% of them get job and become normal law abiding citizens. Why is that?  And why is crime rate in Europe 3 times les per capita. Crime within the prisons is almost non existing.  They give prisoners some dignity, something to look forward when they get out.  Prisoners in Europe work in every prison, making furniture, sheet metal work, farming, teaching etc.  They feel productive, they are productive.  They learn new skills, develop working habit.
What comes out of US prisons?   Vast majority come out as poorly educated criminals, street fighters, drug traffickers and even murderers and they are back in prison within 6 to 8 months.
Spending many years in prison is one very big failure of the system. It serves no purpose.

The United States is a nation of laws badly written and randomly enforced.

Remember Genarlow Wilson case?
http://www.creators.com/opinion/matthew-towery/inside-the-genarlow-wilson-case.html

Wilson released after two years behind bars for teen sex conviction.
The judge courageously wrote:

If this court or any court cannot recognize the injustice of what has occurred here, then our court system has lost sight of the goal our judicial system has always strived to accomplish ... justice being served in a fair and equal manner.

Steven’s punishment was excessive to,  and should be reduced just like Vilson's,  just like the prison sentence for  former White House aide I. Lewis “Scooter” Libby, which was commuted  by President Bush.

Unfortunately, we cannot get the attention of civil rights activists as Al Sharpton or Jesse Jackson or Attorney like B.J. Bernstein,  and it appears that without high-profile help, situations like this remain unknown and out of the public eye and without media attention people stay in prisons. 

As  Al Sharpton said  in Genarlow Willsons case.

“If he had a different complexion and a different connection, we wouldn’t be here,” 

 
Neither would Steven. And he doesn't have Al Sharpton on his side.
 All he has, is this website and you!
 

The state calls its own violence law,  but that of the individual crime.

 And, lastly, why is it believed by a state that a fifteen year old is not mature enough to enter into consensual sexual relationship but yet in the same state is able to stand trial as an adult in a murder case as was the case of the thirteen year old boy who killed a neighbor friend in Florida? The state cannot have it both ways!  


Editors note.   Jan. 10. 2009 
All of the above I wrote about 3 years ago is now coming to light.

NEW YORK   States budgets in crisis, governors, legislators and prison officials across the nation are making or considering policy changes that will likely remove tens of thousands of offenders from prisons and parole supervision.
Collectively, the pending and proposed initiatives could add up to one of biggest shifts ever in corrections policy, putting into place cost-saving reforms that have struggled to win political support in the tough-on-crime climate of recent decades.
"Prior to this fiscal crisis, legislators could tinker around the edges — but we're now well past the tinkering stage," said Marc Mauer, executive director of the Sentencing Project, which advocates alternatives to incarceration.
http://www.msnbc.msn.com/id/28592088/

Trimming fast-rising costs
Policy-makers in Michigan, one of four states that spend more money on prisons than higher education, are awaiting a report later this month from the Council of State Governments' Justice Center on ways to trim fast-rising corrections costs, likely including sentencing and parole modifications.

In Florida, where prisons are so crowded that the state has acquired tents for possible use to house inmates, officials say 19 new prisons may be needed over the next five years. As an alternative, Corrections Secretary Walter McNeil told lawmakers they should re-evaluate the state's hard-line sentencing policies and look at ways to help released inmates avoid returning to prison.

California, 5 Aug 2009  Federal judges order California to release 43,000 inmates.  examiner.com California has to release up to 58,000 inmates, or roughly 40% of the total prison population, says a three-judge panel convened to deal with the state's massively overcrowded prisons. That's not really that much of a shocker -- the state is currently jamming its holding pens full of human bodies at roughly 200% of capacity, with the inhumane conditions you'd expect as a result. But who to release? The obvious answer, it would seem, is to start with California's sizeable population of people who shouldn't be behind bars at all: those convicted of consensual "crimes" such as drug offenses.

"These laws have neither curbed drug use nor enhanced public safety," said Donna Lieberman of the New York Civil Liberties Union. "Instead, they have ruined thousands of lives and annually wasted millions of tax dollars in prison costs."

Probation & Parole supervisions are waste of time, waste of taxpayer's money as they DO NOT  function as intended and do not protect the community in anyway.  States where people on probation have to pay $30 to $60 in probation fees, makes it even more difficult for them to stay clean as the jobs they get as ex- cons pay minimum wages and the state takes almost half of their salary. In most cases they can't leave the area or state to look for a better job,  so 80 % of them are back in prison within 8 months average.
 
In many countries around the world where inmates on probation or out on parole are not monitored at all. In fact they have a simple process; if the parolees commit a crime or any offense during that period, they will be charged with the new crime plus violation of probation or parole and will serve time for both. This method does not cost anything and saves millions of taxpayers’ money. Ex-inmates find jobs much easier than their counterparts in the US because only the police and justice system know about their criminal record, unlike in the US where you can easily find a person's criminal record by just pulling their credit history. Best of all, the foreign system works; eighty percent of ex-offenders become good, law-abiding citizens. So wake up America; it is time to change our judicial system and reintegrate the nonviolent, ex-offenders back into society by giving them equal opportunities to succeed like other citizens--not the
second class citizenship that they currently have.

People of the United State think deferent:

MtMike-571674.newsvine.com
When did facts matter to a populace so brainwashed into thinking their government can do no wrong. This is America, use scare tactics.
When one is speaking of releasing prisoners early, it is the non-violent that heads the list to be released, not murders, rapists or robbers.
Law enforcement and the "penal system" operating in the manner they do, is just another government welfare program for those employed in these branches. A way to have a job that is not needed.
These people employed in law enforcement are not serving America, but are operating under a false sense of self importance. The real criminals are the DRUG WAR PROFITEERS who are fighting the war on crime/drugs, but not doing anything to win the war, just collecting their pay checks and inventing new criminals/crimes so they will stay employed.
Government is not a cure for all. Locking people up, forcing these people to behave as you think they should, will not save society from its own stupidity.

Linda Frazzetto commenting on to the TCPalm news paper article.
Another thing that really sticks in my craw is the labeling of Steven by the judge as a "child abuser" and "pedophile". Anyone reading what has been said about Steven by the Judge would jump to some pretty wrong conclusions without knowing all the facts, especially when the child was at the center of all of this when he was accidentally hurt. One would surmise from this that Steven abused his child rather than what we assume is the judge's assumption of Steven being a child abuser/pedophile for having sex with the child's underage mother. This is really over the top and a very bad disconnect in this case. And then the Judge ends his sentencing of Steven with "causing permanent damage to your son". What is one to assume from all of this? The words used by the Judge and not explained in the context of what he is saying is really a gross injustice to Steven. And then the newspapers pickup pieces of the story and without the whole reference of the case, cause even more confusion for the readers.

Needless to say, this is a very difficult time for all of us. It is pretty sad when a sixteen year sentence is given out so lightly, with little concern for the ramifications of such a sentence on all the lives involved.



 

 

The reality is that the United States of America, which proclaims itself the 'land of freedom,' has the most dishonest, dangerous and crooked legal system of any developed nation.


The state calls its own violence law, but that of the individual crime. ~Max
Stirner, The Ego and His Own
 

....it could happen in your life It could be your son, daughter,  brother, sister or your wife.

Whoever fights monsters should see to it that in the process he does not
become a monster ... when you look into an abyss, the abyss also looks into
you." -Friedrich Nietzche
&nb


Trent

There are few better measures of the concern a society has for its
individual members and its own well being than the way it handles criminals.
- Ramsey Clark


Justice is open to everyone in the same way as the Ritz Hotel. ~Judge
Sturgess


   Steven with his son Trent

 

There can be no equal justice where the kind of trial a man gets depends on
the amount of money he has."
- U.S. Supreme Court Justice Hugo Black, Griffin v. Illinois,
373 U.S.12,(1964),


       
 Steven & Tiffany

Judges are but men, and are swayed like other men by vehement prejudices.
This is corruption in reality, give it whatever other name you please.
~David Dudley Field

Laws: We know what they are, and what they are worth! They are spider webs
for the rich and mighty, steel chains for the poor and weak, fishing nets in
the hands of the government. ~Pierre Joseph Proudhon, quoted in The Match!
 

Our government... teaches the whole people by its example. If the government
becomes the lawbreaker, it breeds contempt for law; it invites every man to
become a law unto himself; it invites anarchy. ~Justice
Louis Dembitz
Brandeis

It is the spirit and not the form of law that keeps justice alive. ~Earl
Warren


Trent

A good judge should never boast of his power, because he can do nothing
but what he can do justly: he is not the master, but the minister of the
law. Authority without virtue is a very dangerous state.
- Thomas Wilson

A judge is a law student who marks his own examination papers.
- Henry Louis Mencken 

Justice is like a train that is nearly always late.
- Yevgeny Yevtushenko

It is better that a judge should lean on the side of compassion than
severity.
- Cervantes

Extreme justice is extreme injustice.
[Lat., Summum jus, summa injuria.]
- Cicero (Marcus Tullius Cicero


Steven & Trent 2003
 

He who is only just is cruel.
- Lord Byron (George Gordon

If you are neutral in situations of injustice, you have chosen the side of
the oppressor. If an elephant has its foot on the tail of a mouse and you
say that you are neutral, the mouse will not appreciate your neutrality.
--Bishop Desmond Tutu
 

Changes in sentencing law and policy, not increases in crime rates, explain most of the six-fold increase in the national prison population.  And “one size fits all" mandatory minimum sentences that allow little or no consideration for individual characteristics as in case above.

People who love sausage and people who believe in justice should never watch
either of them being made. ~Otto Bismark

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 Unfortunately, we cannot get the attention of Al Sharpton or Jesse Jackson and it appears that without high-profile help, situations like this remain on the backburner and out of the public eye and without media attention. Are the scales of justice tipped in favor of celebrity and wealth? Where is the justice when the sentence is more criminal than the act?  
All we have is this website and you!   Please help.

Where is the justice when our children crying out for help and no one hears them.


Steven and his Austrian friend Mgk write this song before he returned to the US and get himself arrested. Click here.
"So many broken dreams"

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Please help Steven fight this injustice or mail to WhatPriceJustice   P.O. Box 168  Vestal, NY 13851-0168
Stevens case # 04-19-CFA  Click on this link to the correction facility where he is being held.

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