Civil Rights Equality? Or Not?
Is there equality in American Civil Rights Laws?
This group is designed to promote discussion in the existing legislation which provides definition of civil rights violations and punishment for those violations.Specifically specific laws contained in the U.S. Code, 18 USC 241, 18 USC 242, 18 USC 245 and 18 USC 246.These are the framework for criminal prosecution of civil rights violations against U.S. Citi ...learn more
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Created: Oct 09, 2007
Updated: Jan 06, 2008
Membership: Open
Semi-Private
Topic: First Nations People and Police Misconduct!
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ADDRESSING POLICE MISCONDUCT
LAWS ENFORCED BY THE UNITED STATES DEPARTMENT OF JUSTICE
Federal laws that address police misconduct include both criminal and civil
statutes. These laws cover the actions of State, county, and local officers,
including those who work in prisons and jails. ("In addition, several laws also
apply to Federal law enforcement officers") EMPHASIS ADDED. The laws protect all persons in the
United States (citizens and non-citizens).
Federal Criminal Enforcement
It is a crime for one or more persons acting under color of law willfully to
deprive or conspire to deprive another person of any right protected by the
Constitution or laws of the United States. (18 U.S.C.241, 242). "Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power.
The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.
http://www.usdoj.gov/crt/split/documents/polmis.htm
Shortly after the destruction of the Ana Mae Camp Sundance Grounds on Black Mesa, AZ, I contacted Mr. Callahan with the USDOJ, Civil Rights Division, Criminal section about the criminal violations.
I was informed that police misconduct violations could not be prosecuted by the DOJ because they lacked jurisdiction on Sovereign Tribal Land.
This would leave me with a bitter sweet feeling about that matter.
It meant that the DOJ prosecuted only violations which they desired to be involved in. However, the absence of protections for violations of the rights insured by hte first ten ammendments of the U.S. Constitution rendered all laws passed by congress to be "Un-Costitutional.
Meaning they could not stand the test of constitutionality.
Meaning that the very law which was passed which created the Petition Lands to start with was in its self unconstituional and unenforcable.
In creating laws concerning Sovereign Tribal Land, the U.S. Government has not made it a practice to apply constitutionality to the laws they create claiming "Treaty Laws" and :Tribal Sovereignty" as exemptions.
However those laws would not be enforceable under any other conditions in any place the United States otherwise has jurisdiction.
Thus establishing the lack of validity of such legislation.