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Johannes Mehserle verdict
by Youseff
Friday Nov 5th, 2010 10:46 PM
Covering the main legal points and lawful truths of the Johannes Mehserle verdict, succinctly.
No one is surprised at the verdict. Many of us just wonder how long will we continue to allow anyone who is part of what historically, to current day, in this country, has been the greatest oppressive force to individuals of color, (not just the police, the entire American justice system. From law schools to the court room, and pretty much everyone in it,) to be any determining factor on life. Politicians are the lowest scum of all, not one spoke up.

We know if this were their child, the entire event would be different, that’s a maybe, especially if that child happened to be considered of color. More so than not, the American justice system is happy being so antiquated that in 2010, it is still going on 1892, the year of the most recorded lynchings of black people in America. With no consideration of, and for a change in sight, site, or cite.

Do not expect any major outcry from our churches or the NAACP for the reasons listed on this web site.

Let us take a good look. What if one of us had shot a subdued police officer in the back, with a tazer, or a gun, which ever one, and caused the death of that officer. Would we receive anywhere near the same reaction from a judge, the American justice system, as well as the police, arresting individuals for showing their disapproval. In the manner that the police officers displayed, and are displaying? The answer is No!

Know that the legal definition of arrest it; to deprive a person of his liberty by use of legal authority. Knowing that liberty is a right secured by the U.S. Constitution, and "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda vs. Arizona, 384 US 436, 491. "There can be no sanction or penalty imposed upon one because of this exercise of constitutional Rights." Snerer vs. Cullen, 481 F. 946. "The claim and exercise of a constitutional Right cannot be converted into a crime."Miller vs. U.S., 230 F. 486, 489. "With regard particularly to the U.S. Constitution, it is elementary that a Right secured or protected by that document cannot be overthrown or impaired by any state police authority." Connolly vs. Union Sewer Pipe Co., 184 US 540 Lafarier vs. Grand Trunk R.R. Co., 24 A. 848; O'Neil vs. Providence Amusement Co., 108 A. 887. "The police power of the state must be exercised in subordination to the provisions of the U.S. Constitution." Bacahanan vs. Wanley, 245 US 60; Panhandle Eastern Pipeline Co. vs. State Highway Commission, 294 US 613.

The word police is inclusive of, the entire American justice system. I can easily list at least 60 standing decision that are currently being violated, and at least 80 that are violated everyday by the same.

This can only be done under color of law; meaning the appearance or semblance, without the substance, of legal right. Misuse of power, possessed by virture of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under “color of law.” Atkins v. Lanning D.C.Olk., 415 F.Supp. 186, 188.


Comments  (Hide Comments)

by R Dean
Saturday Nov 6th, 2010 7:09 AM
This is a fair sentence for an error on the part of the officer. The real problem was that the kid who died was totally the cause of the situation, coupled with his friends. If they had not been criminally active and if they had just accepted arrest/detention this would not have happened. Yes the officer needs to suffer for his actions and he negligently caused a death, but two years in prison is more than enough punishment under the circumstances Probation would have been a better option as this in not a criminal, just a person who messed up on the job causing a death. Similar to a vehicle homicide where a person hit the gas pedal instead of the brake when trying to avoid a kid that ran out in front of his car! Now we have fools rioting in their own neighborhoods, damaging their neighbor's property and getting arrested! There is a correct way to demonstrate but these folks don't get it. Those found to be causing the riots need to be punished, including full restitution for the damage and paying all costs of riot control. Several months in jail with probation and restitution would be reasonable. Why do these rioters think they are above the law and not required to follow the rules? We are holding the policeman to these standards and we should hold the rioting citizens to the same standards!
by Sludge
Saturday Nov 6th, 2010 9:10 AM
Trolling badge lickers are out today

That's disgusting.

After California just rejected a series of corporate and fascist candidates and initiatives,
I would think that a genius cop (IQ above 50) would realize that Bullshit does not sell here.

Go away badge lickers.....aren't there enough golf courses and bars with pool tables for you?
by tomas
Saturday Nov 6th, 2010 3:25 PM
cops are in drunk haze sugar addicts!
by a
Monday Nov 8th, 2010 7:48 PM
R Dean is definitely troll scum

But, Youseff, I don't really understand the last half of your article. Maybe I could have read it a few more times for the point b4 i commented, but if you have time, you should break it down for your readers.

R.I.P. Oscar.