Look people, "GOVERNMENT IS OF,BY AND FOR THE PEOPLE" and nothing spells "people" more than "People of The Jury" right and what makes us "people" are, "Problems" because we find approximate and relative solutions to problems, till a more mature and constructive solution emerges. Now there aren't more problems than the recreated events and perspectives a typical Virginia jury is confronted with in its course of life and is expected to satisfy and bring to life, that Constitutional mandate of Due Process of Law before seizure of ones, Life, Liberty and Property and people from all demographics of Virginia Society find themselves delving into generalities and particulars, that are so alien and diametrically at odds with their own lives and existence, of their fellow Virginians as they sit in judgement and they do it, to a myriad of outcomes with the constant of second guessing. It's naive to assume that there isn't antipathy towards the Commonwealth's Attorney and what the Office represents from some of those on the jury, yet rarely do we encounter the speech from a Virginia jury member articulating antipathy and its ideological formulations as obstacle to the performance of their "Government is of, by and for The People", duty, which we can conclusively state isn't because of the appx.$30 Virginia jury per Diem. Now let's contrast that," Government is of, by and for the people" jury duty, with the "Government is of, by and for the people", job of The Virginia Parole Board, first of all members of the Virginia Parole Board are exceptionally and extraordinarily well paid, some to the tune of $197,000+.Secondly the position is a partisan one or political appointment by whoever the Virginia Governor is at the time, meaning of course its patronage, but that in itself isn't contentious or corrupt, but its a fact we must be aware of. Thirdly and here is where we get into the fundamental and intrinsic corruption of Virginia's parole system.
Virginia Parole is a speculative and subjective process directed at an objective anticipation. So to say it as the Courts have said it, "Virginia law give rise to a limited interest in consideration for parole, but not in parole release" THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, which Virginia is under it's Jurisdiction, pretty much validated the speculative nature of Virginia's parole gimmick in the case BURNETTE v. FAHEY 687 F.3d 171, what however is important about the outcome of the case, is Judge GREGORY'S dissent or his disagreement with his fellow Judges who ruled against Virginia Prisoners. Now the reason I characterized the case as I have is the conclusion reached by those Fourth Circuit Judges in the BURNETTE case isn't surprising when they are getting their cue from the gambits of Virginia law makers or politicians in Virginia Parole Law, see: VIRGINIA CODE 53.1-134 through 165.1.Now here is where I reiterate, that politics is law and to reform anything, there has to be a command of the status quo politics. Secondly politics and it's undergirding law is narrative and the corrupted sophistry. So if Virginia's parole scheme is a corrupt sophism, meaning a dictatorship of ideology that despite, etymology is devoid of ideas and the subsequent anticipation, then it is farcical, yeah that classic veneer of enlightenment, progress and civilization, while the maggoty underbelly seethes, writhes and squirms. Only the insidious and delusional will defend adjudicative certitude as such to maintain a modicum of intellectual honesty or that recognition that yes the human condition can sanction without the hubris of "judgement", and in pursuit of," the center must hold "integrity of the Social Contract, our enlightened ancients devised those release valves of, Parole, Probation Pardons, Clemencies and Commutations as a re-ignition of that necessary "faith", which The Schizophrenic in Chief, Thomas Jefferson attested to in the Declaration of Independence....." all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed".So it was with this understanding that Parole and its progeny are intended to pacify. But when the animating motive of the politicization of the parole mitigant is the reactionary's short sightedness which consequently is at the expense of the process and enlightenment of the Social Contract.
Currently Virginia's Parole Board is blatantly and brazenly saying to the Virginia tax payer who pays their six figure pay check, that as inconceivably as it sounds, their "ideology" takes precedence over the expected unconditionality of their job performance. I paraphrase comments by Patricia West, chair of The Virginia Parole Board, that she will never agree to grant parole to cases where individuals have committed serious violent crimes, which quite frankly is fraud, because she is being paid to do a job according to Virginia law and not her whim and caprice and as a matter of fact there are a number of Virginia prisoners convicted for doing the same thing, the Virginia Parole Board is doing, which is collecting a paycheck, while refusing to do the job they swore as officials of the Sovereign Commonwealth of Virginia to the best of their ability perform. Once again imagine a Virginia Juror displaying the Patricia West indulgence? The other aspect to the Virginia Parole process is the mockery it makes of certain fundamental truths of Virginia and The U.S. Constitution. So constitutionally, no one should be tried for the same charge twice, because its a "Double Jeopardy", but the Virginia prisoner is double jeopardized, like this, let's say there is a prison rule infraction, which after the prison hearing and punishment the rule infraction is processed by the Commonwealth Attorney for that County as a violation of Virginia's law, the prisoner is subsequently convicted and again punished. Now on the surface you would say thats a classic situation of double jeopardy, but our Nations Court system says, no. The initial prison rule infraction and subsequent hearing is CLASSIFIED AND DEFINED as an ADMINISTRATIVE PROCESS as opposed to the Commonwealth Attorney's Court process. Okay let's concede the logic of the Administrative and a Court proper process, now here is where the mockery of the constitutional prohibitions against being double jeopardized comes in, which is also an end run, because the prisoner is harmed and impacted by the effect both processes have on his parole prospects. However, what I want to stress again are the fact that all of these are political questions that require the electoral process. The question of Parole in Virginia is part of the war being waged against Virginia prisoners and it has nothing to do with how to repair harm to the Virginia victim of crime.
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
No comments :
Post a Comment