Government and Prison Reform

© 2006 by Peter Jude Fagan

I am not going to discuss governmental reform in great detail as I have discussed other aspects of my philosophy. Because no matter what I say, it will only be a matter of time before some crooked politician just twists around whatever I say and rewords it in such a manner that allows him or her to circumvent the law.

I will suffice it to say that the government should be a Jeffersonian democracy that is of the people, by the people and for the people. That is, government should be based upon the rule of law, as proposed by such political philosophers as Locke and Montesquieu, and not upon the whims of men.

Further, government should encompass the initiative, the referendum and the recall in order to ensure that the people maintain control. Government should not be a tool of the rich or influential to make them selves richer or more influential.

Finally, there should be a separation of powers between the legislative branch (with upper and lower houses), the executive branch and the judicial branch of government and between the national government, the various state or provincial governments and the local governements, with checks and balances between and among them all.

I will say further this: The United States is the strongest nation in the world, not because of its military, but because of the present U.S. Constitution. The Constitution is strong because of the Bill of Rights. The more control the people have over their own government and the economy the stronger is the nation.

Conversely, the less control the people have over their government and their economy the weaker is the nation. Any nation that is ruled and/or influenced by big government and big business is a nation that is weak. The way to empower the people is to have a strong Bill of Rights.

The United States has a lot of problems, internally as well as in its relationships with other nations. I do not believe that anyone could honestly deny this. But the United States has something only a few other nations have: Individual rights and freedoms for the common man.

Because of the rights and protections offered to the individual in the Bill of Rights, for the first time in the history of mankind the individual has protection from corrupt government officials, corrupt business managers, corrupt civic leaders and corrupt religious hierarchy.

I only have two problems with the Bill of Rights. First, the corrupt individuals of this world are trying to chip away at the rights guaranteed to the individual in the Bill of Rights. These rights, freedoms and privileges need better protection from such corrupt individuals.

My second complaint is that the Bill of Rights is not broad enough. They need to be better delineated. Also, there are rights, freedoms and protections which ought to be guaranteed to the individual that the present Bill of Rights does not now cover. However, one should note that this lack is due mainly to the advance of science and technology, something which the original founders of the U.S. Constitution could not have foreseen.

The present Constitution is over two hundred years old. It needs to be updated, not thrown out as some are calling for. It needs to be brought into the new millennium.

I believe that the rights, freedoms and protections offered in the Bill of Rights need to be individually delineated and should cover other individual rights which they do not now protect.

I believe that mankind should come together and work together, sharing all the resources of the earth and share in seeking the discovery of newer resources. Mankind also needs to make better laws which will protect the individual from corrupt government officials, corrupt business leaders, corrupt religious leaders and other corrupt individuals.

Before doing this mankind has to unite in peaceable goals. Man also has to understand that no one person, government, nation, race, religion or sex is superior to another. No one is superior to anyone! We are all equal! Mankind has to understand that all human beings are equal and deserving of civil and political rights which cannot (ought not) be taken away from them by any government, business, religion or organization.

A few of these rights are:

The right to publicaly speak one’s mind and to publish one’s own opinions and artistry (graphically, phonetically, pictorially, photographically, electronically, etc.) and the right to pursue one’s own life style and political and religious beliefs without fear (as long as the propagation of these opinions, artistry and beliefs are not causing harm to others or inspiring harm towards others).

The government should not single out, endorse or propagate any particular religion or belief system. Indeed, the government has a moral obligation to protect the beliefs of its citizens from those whose goal is to destroy all religion and beliefs.

Everyone is entitled to a proper, free and appropriate education; the right to live free from persecution and discrimination; the right to equal protection of the law and equal representation in the government; the right to a suitable occupation; the right to affordable, competent medical treatment; the right to assemble peacefully with one’s friends and relatives; the right to a humane life and the right not to be deprived of life, liberty or property without due process of law.

Nor should anyone’s private property be taken for public use without just compensation. A person has the right to be secure in their home and property and the right to privacy in their homes and belongings. A free the press should have the right to the protection of its confidential sources (i.e. the same protections offered to attorney/client, priest/penitent, doctor/patient, etc.).

The people have the right to be free from unwarranted searches and confiscations of their property or the quartering of military personnel, militia or police in their residence; the right to be free from unjust and false imprisonment and self incrimination or to be arrested without probable cause; the right to petition the government for a redress of grievances; and the right to be taught about the criminal and civil justice process.

In all court cases the defendant has the right to be judged by an impartial jury from the district where the crime was committed and to be judged by those who are experienced and knowledgeable in the law, to be informed of the offense against him, to be allowed to confront witnesses, to be afforded a compulsory process to have witnesses at trial and to have the assistance of affordable, competent counsel for defense. The defendant should not be subjected to excessive bail.

Once convicted of a crime, a person should not have to suffer more than once for it. Nor should anyone who is convicted be subject to excessive fines, excessive imprisonment, unusual punishment or corporal or capital punishment. Rehabilitation services should be made available to anyone who is incarcerated.

Victims of crimes and witnesses thereof should also have a right to the assistance of affordable, competent counsel; to be treated with dignity, respect and compassion by those who are investigating the crime; to have police protection from intimidation and harm; to receive just compensation for any damages or inconvenience suffered; to the preservation of their property and employment; and to be periodically informed of the due process in the court proceedings of the pending case.

Counsel should not be allowed to offer courtroom theatrics, irrelevant, vain or extraneous litigation for the purpose of getting a favorable verdict for their case. Their main goal ought to be making sure the defendant’s rights are not violated. Their secondary goal should be getting a favorable verdict.

The people ought to have the right to choose those who will have authority over them and what laws they will have to obey, according to the principals of Jeffersonian democracy. All laws should be beneficial to the citizens – especially the poor and underprivileged – and the environment. Laws should not be made for the benefit of or to create a privileged class.

All laws should be worded in such a way that the average citizen can understand them. Laws should not be written in obscure or ambiguous language. Finally, the government should not be allowed to hide information from a free press.

Those who would deny a person these rights and goals are not doing the will of God and those who work peacefully towards these goals are the peacemakers of God.




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