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.
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.
"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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Was
it just another selective enforcement of the law as well as cruel
and unusual punishment contrary to the Constitution?
Given
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.
Here are a few exemplary
cases tried around same time and one by the same judge. Larry Schack.
Port St. Lucie, Fl
Michael A. Brown 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.
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 4 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 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.
This all came crashing down once the
state got into it.
This man went through hell the
past 4 years and has already served 3 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 4 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.
ONLY IN THE USA, THE KINGS OF HYPOCRISY
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.
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. 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.
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?
Wilson released after
two years behind bars for teen sexconviction. 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!
Pleas
advertise with us and help.
The state
calls its own violence law,
but that of the individual crime.
When 15-16 year old commit a
murder he or she are charged and prosecuted as an adult. But
when 15-16 year old decided to have a
consensual
sex then she is only a child.
American hypocrisy!!!
Jan. 10. 2009 Editors note.
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.
"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 inmates who
are on probation have to pay $30 to $60 per week in
probation fees, makes it even more difficult for them to
stay clean as the jobs they get as ex- inmates 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 inmates on probation or
who are 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.
Please
help Steven fight this injustice.
WhatPriceJustice P.O. Box 168 Vestal, NY
13851-0168
Steven and
his Austrian friend Mgk write and record this song before he
returned to the US and get himself arrested. To
her the song click refresh.
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.
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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