Virginia Prisons Accountability Committee: Here is an explanation of why our loved ones are not in prison because of behavior. By William Thorpe

Tuesday, November 19, 2024

Here is an explanation of why our loved ones are not in prison because of behavior. By William Thorpe

*Pictures are taken from the internet and are used for illustrative purposes only.

Here is an explanation of why our loved ones are not in prison because of behavior.  The idea that adjudication of a criminal code isn't about behavior, is simple. Let's take the example of the meaning of qualified immunity. So a prison official behaves in a certain manner with a prisoner. The prisoner in turn claims the prison officials' behavior caused harm e.t.c. So the prisoner takes the prison official to court, in defense the prison official responds with the law wasn't clear on whether his or her actions or for purposes of this, "behavior" was illegal or unlawful. Our justice system is full of examples of officials causing harm, even to the point of killing and the perpetrating officials are let off, because the law of qualified immunity excuses the behavior, let me repeat, the offending prison official is let off because the law wasn't clear that the behavior was a violation. Yes as humans our actions are behavior, but for the purposes of whether or not we are subjected to legal action, depends on law and its process. Here is another example,(I'm using the Virginia prison official as example because this is a Virginia specific page and site, but the characterization of law holds true for the Nation) a Virginia prison official because of law can physically put their hands on a Virginia prisoner and restrain the prisoner, regardless of reason in other words a human thats a Virginia prison official can exhibit the behavior of placing their hands on a human that's a Virginia prisoner, but if a Virginia prisoner places their hands on a Virginia prison official without the prison official's permission, it is an impermissible and unlawful contact, which the Virginia prisoner can be charged with a prison infraction or even prosecuted in a court of law. So once again what I'm showing is criminal prosecution or legal adjudication isn't about behavior but law and its process. How often have we heard the colloquial expression, "if I did what he or she did I'd be locked up", which is a simplest way of saying all that I've said. As all of this relates to prisoners held in solitary confinement, any type of confinement or detention by a State or Government is a result of law and its process, yes the presumption and assumption is "behavior" is the predicate or cause but the reality is without law and its process, behavior is just that a generic fact of being human.

By William Thorpe

I'm William Thorpe Virginia exiled me to the Texas prison system. I'm solitary confined at the Wainwright Unit and if you feel any kinda way about this work contact me by Securus email using the Texas prison number #2261982

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