The Largely Defunct Bill of Rights

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The
Founding Fathers created a Bill of Rights to ensure that Americans
would never have to fear government prosecutors the way people in
the Old World did.

Unfortunately,
the Bill of Rights is a dead letter in too many ways in America.
It has now become possible for prosecutors to get a conviction in
virtually every case where they choose to indict – whether or not
the defendant is guilty.

Fortunately,
however, a number of prominent writers are alarmed about the problem
– including some people you might expect to be law-and-order conservatives.

Here
are some articles that explain aspects of this prosecution crisis
– a crisis that, to the best of my knowledge, no Republican or Democratic
candidate raised in the last election.

"How
Government Breaks the Law
" by Andrew P. Napolitano
A new public hero emerges to call attention to the way that government
– at all levels – has discarded the Bill of Rights.

"The
Defense Rests – Permanently
" by Craig Horowitz
Prosecutors have so much power that defense attorneys are now concerned
only with negotiating plea bargains, rather than arguing cases in
court. Mandatory-minimum-sentence laws have taken the power of sentencing
away from judges and given it to prosecutors – thus allowing the
prosecutors to force plea bargains on guilty and innocent defendants
alike.

"A
System Bereft of Justice
" by Paul Craig Roberts
An excellent overview of the problem by one of America’s premier
investigative journalists.

"Turning
Lawyers into Government Spies
" by Paul Craig Roberts
How the government is prosecuting attorneys and trying to destroy

attorney-client privacy.

"Federal
Mandatory Sentences Are Unconstitutional
"
by William L. Anderson and Karen S. Bond
A rebuttal to those who argue that the suffering of people hurt
in violent crimes justifies long sentences imposed on people who
have never engaged in violence.

"All
about Lying
" by William L. Anderson
Government agents are allowed to engage in the very misdeeds, such
as lying, for which civilians are prosecuted.

"The
Death of Due Process
" by Peter Brimelow
How prosecutors can intimidate defendants into pleading guilty.

"Judge
Rejects Sell’s Request for Trial
" by Carolyn Tuft
A doctor is considered delusional for saying he’s being persecuted
by being incarcerated for eight years without benefit of a trial.

December
25, 2004

Harry Browne [send
him mail
], the author of Why
Government Doesn’t Work

and many other books, was the Libertarian presidential candidate
in 1996 and 2000. See his website.

Harry
Browne Archives

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