RESTORING INTEGRITY AND CONFIDENCE IN THE VIRGINA PAROLE BOARD AND THE COMMONWEALTH SYSTEM OF CRIMINAL JUSTICE
On January 15, 2022 Otherwise known correctly by the people as Glenn Youngkins scapegoating of Virginia's parole process.
My Name is William Thorpe and I'm subject to and object of the Commonwealth's system of criminal justice referenced by Governor Glenn Youngkin and I respond.
The Constitution of the United States in it's existence as supreme law only recognizes the accused and subject to and object of a criminal justice regime through provisions of the 5th, 6th, 8th, 13th, and 14th Amendments to the Constitution. Parole as dicta of United States Constitutional process is only infered as lattice an anticipation of the Declaration of Independence continuum of life, liberty and pursuit of happiness enlightenment. The victim of crime exist constitutionally only as object of and process for the accused, defined by the adjudication approximation of justice.
However reactionaries and the intellectually dishonest of the Commonwealth along with their backwards brethren from a number of states have seized upon the idea of exploiting victims of crime in pursuit of speculative political power. See: Article 1, section 8-A of the Constitution of Virginia styled as a victims Bill of Rights, settling forth inchoate provisions consequently setting up the victim of crime, family and loved ones with fraudulent and idealistic expectations during worst moments of a crime victims existence. Now if Virginia's jurisprudence specifically work from it's legal scholars and law schools to exact a non-jaundiced scrutiny of this dialectic presented by Youngkin's Executive Order Number Three (2022) and it's exploitation of victims of crime and the scapegoating of the parole process. The Virginia tax payer would agree with Pastor Harvey Yoder's comment to Harrisonburg's Daily News-Record:
"Of the over 2000 who are parole eligible in Virginia's prisons the parole board released only one person in April [2023] and a total of only 14 since January [2023] this means either the Department of Corrections with its annual budget of $1.5 billion is utterly failing to "correct" individuals or the parole board is failing it's responsibility to release [prisoners]" Harvey Yoder of the Vally Justice Coalition.
Contrast Pastor Harvey Yoder's measured and insightful comments with Younkin's pandering's in his Executive Order Number Three (2022)....."too often, victims of violent crime are ignored, silenced and overlooked. Victims deserve to know their voices matter....." Youngkin's comments, the text of his Executive Order Number Three (2022) are misleading. If victims of violent crime [and why is the Governor of all the people of Virginia distinguishing crime? The slaughter of people by George Washington pre to his becoming President of the United States in service of Virginia's land seizure, the serial rape of Sally Hemings by Thomas Jefferson, a Virginian, the massive resistance by Virginians supremacist against school desegregation, the cavalier use of a racialist slur by a former Virginia Governor George Allen, thus revealing his supremacist pretentions, the conviction of former Virginia Governor Bob McDonnell and wife for fraud and money, $175k all crimes] if victims of crime are ignored as claimed by Glenn Youngkin in his standing as Governor of Virginia. Virginia wouldn't have a prison budget of appx. $1.5 billion, even more so than its public education, meaning it imprisons convicted perpetrators of crime and those prisoners wouldn't be imprisoned, in most cases barbarically long and lengthy sentences that has nothing to do with justice and prior to Virginia regaining its senses and recognizing that civilized society's do not murder their citizens by abolishing the death penalty and the execution of it's citizens, it led the nation in the machinery of death, which thanks to the herculean work of NPR Chiara Eisner, in her January 19, 2023 "NPR Uncovered Secret Execution Tapes From Virginia More Remain Hidden." reporting revealed that: The Commonwealth of Virginia was such a failed state stuck in the miasma of it's antebellum heritage that it couldn't even comply and follow it's own macabre and grotesque procedures to kill people. Because Virginia Department of Corrections officials carrying out and during the execution of Richard Boggs were practically operating outside the scope of their authority, meaning extra-judicially because they were without the legally mandated contact with the governor of Virginia and the authority to pause or call off the execution. To quote Chiara Eisner....."If the Governor wanted to save Bogg's life, he would need to be connected with someone in the death chamber quickly. Minutes passed, however, and the issue appeared unresolved."...."Let me call switchboard and see what's going on." one of the workers interjects, before a line appears to go dead. Boggs was eventually executed." If as Governor Youngkin propagandizes in his Executive Order Number Three (2022)....." victims of violent crime are ignored....." what does the execution to wit the killing and murder of Richard Boggs by officials of the Virginia Department of Corrections reveal? First of all the execution was done in violation of Virginia law and procedure, because there wasn't contact with the Governor. Secondly the quest to respond to "victims of crime" turned into blood lust. Now a for itself fact, why is Virginia's criminal justice infrastructure its primary economic locomotive? Everything from the manufacture and production of police uniforms, judge robes, the assorted clerical materials used in adjudicating the accused. Cop cars, the maintenance of all vehicles used in the work of criminal justice, the education of all the human elements in its employ, at jails, prisons, medical and mental health institutions The entire criminal justice system is an industry single-mindedly focused on and catering to the victim of crime.
Just as speech sets humans apart from beast. Parole as function of America's criminal justice approximates redemption from medieval barbarity and it's gratuitous vengeance. It's simple not even the most savage philistine Republican can dare defend criminal justice adjudication as unambiguously laying claim to an omniscient excavation of whatever beyond reasonable doubt assumes. The subject to and object of criminal justice process has a universe of mitigating facts that practically the social contract as it exerts its utility as base tyrant could care less. For the simple fact it's tyranny exits as embodiment of the crime victim and their interest.
The American social contract and application of it's adversarial criminal justice system already factors, is established on and weilds it's legitimacy on the repair of the victim. So when the Commonwealth of Virginia subjects a member of its society to process of its justice system, contrary to the dubious wording of Governor Glenn Youngkin's Executive Order Number Three (2022), it does such in the voice and demands of the victim as understood within Virginia's social contract and Constitution.
The crass exploitive nature of Governor Youngkin's conclusory declaration that victims of violent crime are ignored is exposed as deliberately misleading by an exhaustive existence of court actions and judge rulings all affirming the primacy of the victim of crime interest by declaring the convicted does not have any right to parole release: See below
- Franklin v. shields 569 F. 2d 784 (1978) (casetext.com)
- Sisney v. Wright 1990 U.S. App (law.justia,com) (Lexis 27138)
- Gaston v. Taylor 946 F. 2 d 340 (1991) (casetext.com)
- Vann v. Angelone 73 F. 3 d 519 (1996) (casetext.com)
- Bowling v. Johnson 2009 U.S. Dist Lexis 43365 (2009)
- Gooden v. Muse 2013 U.S. Dist (2013) (casetext.com) (Lexis 176994)
- Brooks v. Bennett 2019 U.S. Dist. (Lexis 87351) (2019)
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