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June 29, 2009

It was 37 years ago today, SCOTUS jurists decided to play...

and the Justices have been in the business of regulating state administration of capital punishment ever since its ruling June 29, 1972 ruling in Furman v. Georgia (opinions available here; basics here and here). This is how Ed Whelan describes the decision in his NRO Bench Memos post today in "This Day in Judicial Activism":

In Furman v. Georgia five justices vote to overturn a death penalty as cruel and unusual punishment in violation of the Eighth Amendment but can’t agree on a rationale.  Each of the five justices instead issues his own opinion.  Despite the fact that the Fifth and Fourteenth Amendments expressly assume the existence of the death penalty, Justices Brennan and Marshall each assert that the death penalty is in every instance an Eighth Amendment violation.  The Court’s per curiam declaration creates massive confusion and requires states to rewrite their capital-sentencing laws.

I suspect that more than a few readers might have a different take on Furman, and I welcome any and all thoughts and insights in the comments concerning this historic ruling as it approaches middle-age.

June 29, 2009 at 03:40 PM | Permalink

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Comments

Furman is the worst Supreme Court opinion of my lifetime. Although I oppose CP on both pragmatic and philosophical grounds, I think it is up to the legislature to decide.

Posted by: Marc Shepherd | Jun 29, 2009 3:55:53 PM

"Despite the fact that the Fifth and Fourteenth Amendments expressly assume the existence of the death penalty...."

Really? Do they even tacitly assume that? Isn't the only mention of the death penalty in the treason clause?

I could be wrong.

Posted by: George | Jun 29, 2009 3:57:20 PM

George,

The Due Process Clause of the Fifth and Fourteenth Amendments comtemplates the deprivation of "life" with due process. That's what most people think when they read those amendments.

Mark

Posted by: Mark Pickrell | Jun 29, 2009 4:32:51 PM

Thanks, Mark. I was wrong and that's a pretty fundamental amendment to be wrong about.

Posted by: George | Jun 29, 2009 4:52:23 PM

George,

The good thing is that none of us is wrong when we ask a question -- even when we think we know the answer. What's more, it's a good question.

The strange thing about the death penalty, from the constitutional perspective, is that the Amendment you'd have to use against the States -- the 14th -- specifically contemplates a constitutional death penalty. So, while the judiciary may believe that the death penalty is a bad policy choice, they are significantly constrained -- either personally, politically, or institutionally -- by the Constitution's actual language. This is a strange situation, because the judiciary is rarely constrained by the actual language of the Constitution. There's usually enough linguistic wiggle room for the judiciary to manoeuver as they deem fit, within the confines of their own political climate and time. "Due process" (What's actually "due" in any given sitation?) is normally a broad, vague thing. In the context of the death penalty, however, it's tough to say that it's unconstitutional because of that "deprived of life" phrase.

Law: language; politics: ?

Mark

Posted by: Mark Pickrell | Jun 29, 2009 5:29:46 PM

A massive increase in the black murder victimization followed this totally irresponsible decision. It has the validity of two year olds throwing stuff around a room. These oblivious idiots killed 10 times or more black young men than all lynchings in history. A strong executive should issue arrest warrants for all justices, including those that dissented, have a brief trial, and execute them summarily for insurrection against the Constitution. Believe it or not, the states are the Daddy, the Federal government is the child. The states should refuse to obey these lawless, crazy orders. Army Airborne will show up to impose these crazy orders. The state militias should fire upon them, because these enforcers are themselves in insurrection against the constitution.

Posted by: Supremacy Claus | Jun 29, 2009 8:20:58 PM

"the states are the Daddy, the Federal government is the child" --

Actually, the American people are the Daddy; both the States and the federal government exist to serve the People. Also, for the vast majority of the States, the federal government is the Daddy. Only a few States along the east coast can consider themselves to predate the United States.

As for your "the states should refuse to obey" idea -- you lost with the ineffectiveness of the Kentucky and Virginia Resolutions and the Civil War. We are one People; we are one nation. We have one Constitution. Surely, on the eve of the Fourth of July, we can agree on that?

Mark

Posted by: Mark Pickrell | Jun 30, 2009 10:44:01 AM

"We have one Constitution. Surely, on the eve of the Fourth of July, we can agree on that?"

Sorry, Mark, but we can't agree on that. Within each state there are two constitutions -- federal and state -- and the state constitution controls on any issue where the federal constitution and laws enacted pursuant to it are silent.

The Civil War Amendments did indeed shift the federal-state balance substantially, but they did not eliminate the states as separate entities or eliminate the federal structure.

S.C.'s call for armed resistance is, of course, over the top (nothing new), but lawful opposition to the overreaching of federal courts is entirely in order. The micromanagement of capital sentencing procedure on the pretense of construing the Eighth Amendment is a prime example of such overreaching.

As noted on SCOTUSblog yesterday (6/29), the Roberts Court is rolling back past Supreme Court excesses, albeit slowly. This process is likely to continue unless, God forbid, one of the conservative justices retires during President Obama's tenure.

Posted by: Kent Scheidegger | Jun 30, 2009 12:38:57 PM

Mark: What about the highly foreseeable, unnecessary, and perhaps intentional mass murder of an extra 100,000 black folks? Is that acceptable under our federal system, settled as you pointed out at the point of a gun, by Mister "Please, Do Not Sue Your Neighbor," a lawyer, officially our greatest lawyer. Because of the excess of black murder victimization, the abolition of the death penalty fell on that community 6 times more heavily than on the white community.

Posted by: Supremacy Claus | Jun 30, 2009 2:42:07 PM

~ AMERICANS CONTINUE TO DEMAND FAIR TRIALS IN IRAN & NORTH KOREA,BUT NOT HERE IN OUR GLASS HOUSE ~

OUR AMERICAN JUDICIAL SYSTEM IS CURRENTLY ONLY OBLIGATED ( U.S.SUPREME COURT 1963 GIDEON RULING ) TO PROVIDE OUR POORER AMERICANS WITH A INITIAL CRIMINAL LAWYER AT THEIR TRIALS. MANY TIMES IN AMERICAN STATE TRIALS THERE IS REALLY VERY LITTLE INVESTIGATION BEING OFFERED TO DEFEND OUR POORER AMERICANS AGAINST EVEN UNFOUNDED CRIMINAL CHARGES ?

IF AMERICA IS ONLY NOW FINDING OUT ABOUT (17YRS AFTER THE FACT) SEVEN OF NINE WITNESSES LYING IN THE TROY DAVIS LEGAL CASE,ARE WE NOW SUPPOSE TO THINK THAT TROY DAVIS HAD A PROPER LEGAL Defense AT HIS CRIMINAL TRIAL IN GEORGIA ???

CARING AMERICANS KNOW REAL JUSTICE AND SADLY OUR POORER AMERICANS ARE CONTINUING TO HAVE CRIMES AGAINST HUMANITY INFLICTED ON THEM IN OUR U.S.JUDICIAL SYSTEM.WE CONTINUE EXECUTING INNOCENT AMERICAN CITIZENS ACROSS OUR COUNTRY BECAUSE OUR IVORY TOWER U.S. CONGRESSIONAL LEADERS OF THE FREE WORLD HAVE NEVER EVEN CARED ABOUT SPENDING THE NEEDED $$$ TO CORRECT THIS LACK OF PROPER LEGAL REPRESENTATION FOR OUR MIDDLE CLASS AND WORKING POOR AMERICANS.

FALSE IMPRISONMENT FOR TWENTY YEARS OR MORE ,WRONGFUL EXECUTIONS,RAPES AND MURDERS IN OUR AMERICAN PRISONS ARE HAPPENING EVERY DAY IN AMERICA AND JUST MAYBE THE TIME HAS COME WITH OUR SPECIAL AND UNIQUE PRESIDENT AND INSPIRING U.S.ATTORNEY GENERAL RUNNING OUR COUNTRY TO OFFER OUR POORER CITIZENS THE NEEDED C*H*A*N*G*E..... TO HELP MAKE OUR NEW AMERICA AND HER UNJUST JUDICIAL SYSTEM A MUCH MORE JUST SOCIETY FOR ALL AMERICANS TO RESPECT AND CHERISH !!!


AMNESTY INTERNATIONAL,AND THE NAACP ARE JUST TWO INTERNATIONAL AND NATIONAL HIGHLY RESPECTED ORGANIZATIONS THAT HAVE BROUGHT THESE TWO SEPERATE AMERICAN HUMAN LIFE INJUSTICES TO THE WORLDS ATTENTION,BUT MAKE NO MISTAKE IN THINKING THAT TROY DAVIS AND MUMIA ABU - JAMAL ARE ALONE IN NOT EVEN BEING ABLE TO RECEIVE NEW AND FAIR TRIALS IN THE WEALTHIEST COUNTRY IN THE WORLD !

** GEORGIA HAS HAD AT LEAST FIVE OTHER PREVIOUS LEGAL CASES OF INNOCENT BEING RELEASED ON THEIR DEATH ROW BEFORE THEY WERE FALSELY EXECUTED **
DOES THAT MEAN THAT TROY DAVIS IS ALSO INNOCENT OF THE CRIME OF MURDER...NO,BUT MOST ALL AMERICANS WANT TO KNOW FOR SURE THAT WHEN SOMEONE IS EXECUTED IN ANY AMERICAN STATE, THAT THEY ARE TRULY THE GUILTY PARTY WHO DID THE CRIME,NOT JUST THE TIME ?

I DO NOT SEE WHY ANYONE WOULD OBJECT TO HAVING NEW TRIALS FOR ANY OF OUR DEATH ROW INMATES IN AMERICA WHERE TREMENDOUS DOUBT ABOUT THEIR INITIAL GUILT IS IN PLAY ?

WHY WOULD ANY FAMILY MEMBER OF ANY MURDERED RELATIVE WANT OUR JUDICIAL SYSTEM TO RUSH TO SO CALLED JUSTICE AND BE IN REALITY CONTRIBUTING TO HAVING ANOTHER POSSIBLE INNOCENT PERSON MURDERED IN THE NAME OF THEIR FORMER LOVED ONE ?

LAWYERS FOR POOR AMERICANS IS A WWW GROUP OF VOLUNTEERS WITH MANY OTHER WRITTEN ARTICLES THAT CAN EASILY BE FOUND BY ENTERING OUR NAME OR PHONE NUMBER INTO ANY WWW SEARCH ENGINE.

lawyersforpooreramericands@yahoo.com(424-247-2013)

Posted by: LAWYERS FOR POOR AMERICANS | Jun 30, 2009 11:36:57 PM

OUR U.S.SUPREME COURT ALWAYS HAS THE OPTION TO ORDER TROY DAVIS OF GEORGIA TO BE WATER ~ BOARDED TO PREVENT THE STATE OF GEORGIA FROM EXECUTING ANOTHER POSSIBLE INNOCENT POOR BLACK AMERICAN !!!


MILLIONS OF AMERICANS NEED HELP FROM THE INTERNATIONAL WORLD IN OFFERING THEIR SUPPORT FOR THIS FUTURE PROPOSED PRISONER EXCHANGE BETWEEN PRESIDENT ALAN GARCIA OF PERU AND PRESIDENT OBAMA OF THE UNITED STATES.

**THIS LETTER WRITTEN BELOW WAS POSTED ON THE WWW BY LAWYERS FOR POOR AMERICANS AND WE HOPE AND PRAY EVERYONE WHO CARES ABOUT EXECUTIONS BEING CONDUCTED WITHOUT PROPER FAIR TRIALS FIRST WILL OBSERVE THE 3YR INTERNATIONAL BOYCOTT AND STOP DOING ANY BUSINESS AND TOURISM WITH BOTH THESE AMERICAN STATES OF GEORGIA & PENNSYLVANIA !!! ---------------------------------------------------------------------------------------------------- ~ DEAR PRESIDENT ALAN GARCIA OF PERU ~

LAWYERS FOR POOR AMERICANS ASKS ALL OF PERU TO PLEASE THINK SERIOUSLY ABOUT EXCHANGING AMERICAN JOURNALIST LORI BERENSON HELD IN A PRISON IN PERU SINCE 1995 FOR OUR TWO BLACK AMERICAN PRISONERS ON DEATH ROW IN GEORGIA AND PENNSYLVANIA ???

EVERYONE IN PERU MIGHT REMEMBER THAT LAST MONTH IRAN AND PRESIDENT MAHMOUD AHMADDINEJAD MADE SURE THAT U.S. JOURNALIST ROXANA SABERI WAS FAIRLY TRIED AND LATER RELEASED TO RETURN HOME TO AMERICA ?

LAWYERS FOR POOR AMERICANS AT THAT TIME HAD ALSO REQUESTED OF IRAN AND THEIR PRESIDENT MAHMOUD AHMADINEJAD TO SERIOUSLY CONSIDER THIS SAME PRISONER EXCHANGE OF THE AMERICAN U.S. JOURNALIST ROXANA SABERI FOR U.S.PRISON INMATES TROY DAVIS OF GEORGIA & MUMIA ABU ~ JAMAL OF PENNSYLVANIA.

MILLIONS OF AMERICANS AND OTHERS WORLDWIDE HAVE BEEN ATTEMPTING TO SECURE NEW AND FAIR TRIALS FOR THESE TWO ( POSSIBLE INNOCENT) BLACK AMERICANS ON DEATH ROW HERE IN GEORGIA & PENNSYLVANIA AND NOW HAVE TO AGAIN TURN TO OTHERS (WHO ALSO VALUE POSSIBLE INNOCENT LIFE) OUTSIDE OF AMERICA FOR THEIR CARING AND CONCERNED ASSISTANCE !!!

AMERICA HAS NEVER REALLY OFFERED OUR POORER CITIZENS LIKE TROY DAVIS AND MUMIA ABU ~ JAMAL FAIR OPPORTUNITIES TO HAVE PROPER LEGAL REPRESENTATION IN OUR U.S. COURTS, SO IT HAS BECOME VERY OBVIOUS TO MILLIONS OF AMERICANS AND OTHERS WORLD WIDE THAT INNOCENT PEOPLE ARE BEING FALSELY EXECUTED RIGHT HERE IN THE WEALTHIEST COUNTRY IN THE WORLD !!!

WE ASK ALL OF THE FAIR AND LOVING PEOPLE IN AND OUT OF GOVERNMENT IN PERU MR. PRESIDENT GARCIA TO PLEASE SERIOUSLY CONSIDER THIS PRISONER EXCHANGE OF YOUR AMERICAN PRISON INMATE LORI BERENSON FOR OUR POSSIBLY INNOCENT TWO BLACK AMERICAN PRISON INMATES WHO WILL OTHERWISE SURELY BE EXECUTED IN GEORGIA AND PENNSYLVANIA WITHOUT BEING AFFORDED NEW AND FAIR TRIALS !!!

LAWYERS FOR POOR AMERICANS IS A WWW VOLUNTEER LOBBY GROUP THAT LOBBY OUR IVORY TOWER U.S CONGRESSIONAL LEADERS OF THE FREE WORLD FOR MIDDLE CLAAS AND WORKING POOR AMERICANS RIGHT TO HAVE PROPER LEGAL REPRESENTATION IN CIVIL,CRIMINAL AND FAMILY COURTS ALL ACROSS AMERICA .

LAWYERS FOR POOR AMERICANS CAN BE ENTERED INTO AND WWW SEARCH ENGINE BY OUR NAME OR PHONE NUMBER TO FIND OTHER WRITTEN ARTICLES. lawyersforpooramericans@yahoo.com (424-247-2013)

Posted by: LAWYERS FOR POOR AMERICANS | Jun 30, 2009 11:39:18 PM

THE POPE AND PRESIDENT OBAMA BOTH RESPECT INNOCENT HUMAN LIFE !!!

AMERICA'S ~ ELITE ~ WEALTHY ~ ARE 1% OF AMERICA, & MANY SAY THEY CONTROL HOW THE U.S.CONGRESS SPENDS AMERICAN TAX $$$ ...WHY HAVE AMERICA~S WEALTHY ELITE TURNED THEIR BACKS ON POORER AMERICANS BY DENYING THEM PROPER LEGAL PROTECTIONS IN AMERICAN COURTS ???


MILLIONS OF AMERICANS NEED HELP FROM THE INTERNATIONAL WORLD IN OFFERING THEIR SUPPORT FOR A FUTURE PROPOSED PRISONER EXCHANGE BETWEEN PRESIDENT ALAN GARCIA OF PERU AND PRESIDENT OBAMA OF THE UNITED STATES.

**PLEASE REMEMBER THE 3 YR. INTERNATIONAL BOYCOTT OF GEORGIA AND PENNSYLVANIA TOURISM & TRADE IS CURRENTLY EVERY~ONES WAY TO SAY THAT FAIR TRIALS BEFORE EXECUTION IN THE U.S. STATES OF GEORGIA AND PENNSYLVANIA ARE THE ONLY INTERNATIONAL HUMAN STANDARDS THE CIVILIZED WORLD WILL ACCEPT !!
-------------------------------------------------
-------------------------------------------------

DOES PRESIDENT OBAMA OR OUR U.S.SUPREME COURT DO WINDOWS ???


~ AMERICANS CONTINUE TO DEMAND FAIR TRIALS IN IRAN & NORTH KOREA,BUT NOT IN OUR GLASS HOUSE ~

THE AMERICAN JUDICIAL SYSTEM IS CURRENTLY ONLY OBLIGATED ( U.S.SUPREME COURT 1963 GIDEON RULING ) TO PROVIDE OUR POORER AMERICANS WITH A INITIAL CRIMINAL LAWYER AT THEIR TRIALS.** MANY TIMES IN AMERICAN STATE TRIALS THERE IS REALLY VERY LITTLE INVESTIGATION BEING OFFERED TO DEFEND OUR POORER AMERICANS AGAINST EVEN UNFOUNDED CRIMINAL CHARGES ? IF AMERICA AND THE REST OF THE SANE WORLD ARE ONLY NOW FINDING OUT ABOUT (17YRS AFTER THE FACT) SEVEN OF NINE WITNESSES LYING IN THE TROY DAVIS LEGAL CASE,ARE WE NOW SUPPOSE TO THINK THAT TROY DAVIS had a proper legal defense AT HIS CRIMINAL TRIAL IN GEORGIA ???

CARING AMERICANS KNOW REAL JUSTICE AND SADLY OUR POORER AMERICANS ARE CONTINUING TO HAVE CRIMES AGAINST HUMANITY INFLICTED ON THEM IN OUR U.S.JUDICIAL SYSTEM.WE CONTINUE EXECUTING INNOCENT AMERICAN CITIZENS ACROSS OUR COUNTRY BECAUSE OUR IVORY TOWER U.S. CONGRESSIONAL LEADERS OF THE FREE WORLD HAVE NEVER EVEN CARED ABOUT SPENDING THE NEEDED $$$ TO CORRECT THIS LACK OF PROPER LEGAL REPRESENTATION FOR OUR MIDDLE CLASS AND WORKING POOR AMERICANS.

FALSE IMPRISONMENT FOR TWENTY YEARS OR MORE ,WRONGFUL EXECUTIONS,RAPES AND MURDERS IN OUR AMERICAN PRISONS ARE HAPPENING EVERY DAY IN AMERICA AND JUST MAYBE THE PROPER TIME HAS NOW COME WITH OUR SPECIAL AND UNIQUE PRESIDENT AND HIS INSPIRING U.S.ATTORNEY GENERAL RUNNING OUR COUNTRY TO OFFER OUR POORER CITIZENS THE NEEDED C*H*A*N*G*E..... TO HELP MAKE OUR NEW AMERICA AND HER UNJUST JUDICIAL SYSTEM A MUCH MORE CARING SOCIETY FOR ALL AMERICANS TO RESPECT AND CHERISH !!!!

AMNESTY INTERNATIONAL,AND THE NAACP ARE JUST TWO INTERNATIONAL AND NATIONAL HIGHLY RESPECTED ORGANIZATIONS THAT HAVE BROUGHT THESE TWO SEPERATE AMERICAN HUMAN LIFE INJUSTICES TO THE WORLDS ATTENTION,BUT MAKE NO MISTAKE IN THINKING THAT TROY DAVIS AND MUMIA ABU - JAMAL ARE ALONE IN NOT EVEN BEING ABLE TO RECEIVE NEW AND FAIR TRIALS IN THE WEALTHIEST COUNTRY IN THE WORLD !

** GEORGIA HAS HAD AT LEAST FIVE OTHER PREVIOUS LEGAL CASES OF INNOCENT BEING RELEASED ON THEIR DEATH ROW BEFORE THEY WERE FALSELY EXECUTED **
DOES THAT MEAN THAT TROY DAVIS IS ALSO INNOCENT OF THE CRIME OF MURDER ...NO, BUT MOST ALL CARING AMERICANS AND OTHERS WORLDWIDE WANT TO KNOW FOR SURE THAT WHEN SOMEONE IS EXECUTED IN ANY AMERICAN STATE, THAT THEY ARE TRULY THE GUILTY PARTY WHO DID THE CRIME, NOT JUST THE TIME ?

WE DO NOT SEE WHY ANYONE WOULD OBJECT TO HAVING NEW TRIALS FOR ANY OF OUR DEATH ROW INMATES IN AMERICA WHERE TREMENDOUS DOUBT ABOUT THEIR INITIAL GUILT IS IN PLAY ? WHY WOULD ANY FAMILY MEMBER OF ANY MURDERED RELATIVE WANT OUR JUDICIAL SYSTEM TO RUSH TO SO CALLED JUSTICE AND BE IN REALITY CONTRIBUTING TO HAVING ANOTHER POSSIBLE INNOCENT PERSON MURDERED IN THE NAME OF THEIR FORMER INNOCENT LOVED ONE ?

lawyersforpooramericans@yahoo.com(424-247-2013)

LAWYERS FOR POOR AMERICANS MANY OTHER WRITTEN ARTICLES CAN BE FOUND WITH ANY WWW SEARCH ENGINE BY ENTERING OUR NAME OR TELEPHONE NUMBER.


**Proper legal representation for all middle
class and working poor American's in
Criminal,Civil and Family courts is one very
needed c*h*a*n*g*e... in our underfunded
American Judicial System !!!!!!!

Lawyers For Poor American's is a volunteer
WWW Lobby Group dedicated to protecting the
rights of poorer American's ability to
receive proper legal counsel all across our
country !

Manny Gonzales The Kid That Everyone Forgot
In The CA Prison System,Troy Davis,and Mark
Burk and Damon Duval are only 4 examples of legal injustices we will continue to write about
concerning our unjust US Judicial System
that continues to deny all our Poorer
Citizens a fair chance of receiving justice
in our various courts of law.

Poorer American's sure could use some real
help from President Obama and our new
Attorney General in changing the way this
very wealthy great country continues to
allow these various CRIMES AGAINST HUMANITY
to continue to be inflicted on our Poorer
American's Nationwide.Having an estimated
100,000 innocent US prison inmates being
denied proper legal representation
concerning their federal appeals(many even
on death row)only points out the dire
judicial situation that our country faces.

We are all aware that our country has to do
a much better job in protecting all
American's from wrongful imprisonment,so the
sooner we begin allocating the needed
funding $$$ to achieve realistic equality
for all our poorer citizens in our
criminal,civil and family courts,the sooner
our Lawyers For Poor American's WWW
Volunteers can begin collecting dust on our
computers.

**WHERE ARE OUR NATIONAL RELIGIOUS LEADERS
WHEN MIDDLE CLASS AND WORKING POOR AMERICANS
ARE LEFT OUT IN THE COLD WITHOUT PROPER
LEGAL PROTECTION ???

SOME PREVIOUS ARTICLES WE HAVE WRITTEN AND
POSTED ON THE WWW CAN BE FOUND WITH A YAHOO
OR GOOGLE SEACH EITHER BY OUR NAME(LAWYERS
FOR POOR AMERICANS)BY OUR TELEPHONE # OR BY THE TITLES. WE HAVE LISTED A FEW TITLES OF FORMER ARTICLES LISTED BELOW.

1)MANNY GONZALES the kid that everyone
forgot in the CA Prison System.

2)TROY DAVIS please remember that America is
not the old SOUTH ~ AFRICA !

3)Model BEVERLY JOHNSON commits HARI~CARI
perjury.

4)ACTOR CHRIS NOTH and MARK BURK slandered
by BEVERLY JOHNSON.

5)Rev.RICK WARREN,are these crimes against
humanity issues ?

6)Thank GOD PRESIDENT OBAMA respects our
poorer Americans.

7)Sadly OPRAH,these really are crimes aginst
humanity issues.

8)SANTA MONICA SCANDAL created by our US
CONGRESS.

9)AMERICAN Divorce Courts need a GIDEON from
our US SUPREME COURT.

--------------------------------------------------------------------------------------------------
LAWYERS FOR POOR AMERICANS IS A WWW
VOLUNTEER LOBBY GROUP THAT WRITES ABOUT
VARIOUS LEGAL SITUATIONS (INJUSTICES)
AFFECTING MIDDLE CLASS AND WORKING POOR
AMERICANS DUE TO THEIR INABILITY TO AFFORD
PROPER LEGAL REPRESENTATION !!!!

***WE LOBBY THE POPE, QUEEN ELIZABETH II,
ROYAL FAMILY, PRINCE CHARLES, PRESIDENT
OBAMA, MICHELLE OBAMA, BONO,U2, US SENATE,
US CONGRESS, FEDERAL RESERVE BANK, NATO,
UNITED NATIONS WORLD COURT,AMA,NASA,PTA,
ACLU,NAACP,WASHINGTON DC, NEW YORK,
FLORIDA,HAWAII,ED ASNER,CLINT EASTWOOD,WHOOPI GOLDBERG,AL PACINO,OPRAH WINFREY....

THESE WRITTEN ARTICLES CAN ALSO BE FOUND WITH
ANY WWW SEARCH BY THEIR TITLES LISTED BELOW.

1)POORER INNOCENT AMERICANS HAVE NO CHANCE IN U.S. COURTS WITHOUT LAWYERS !
2)OUR NEW AND JUST AMERICA NEEDS C*H*A*N*G*E...
3)U.S.CHIEF JUSTICE JOHN ROBERTS HAD TO BEG OUR U.$. CONGRE$$.......
4)YALE UNIV LAW SCHOOL ~ CRIMES AGAINST HUMANITY ISSUES IN AMERICA 2009 ~ OK ???
5)SHOULD REPORTED GAY COMMISSIONER IN SANTA MONICA CA COURTS DECIDE CHILD CUSTODY CASES ???
6)THIS SANTA MONICA COMMISSIONER DOES NOT BELONG IN FAMILY COURT ANYWHERE IN AMERICA !!! -

Posted by: LAWYERS FOR POOR AMERICANS | Jul 13, 2009 6:37:05 PM

MR.DAMON DUVAL IS JUST ONE OF MANY POORER AMERICANS WHO LOVES HIS TWO CHILDREN JAZZ AND MAYA DUVAL. ***WHY IS MR. DUVAL FINDING IT IMPOSSIBLE TO FIND ANYONE IN THE GREAT STATE OF CALIFORNIA TO INVESTIGATE TO SEE IF THE MAN LIVING WITH HIS EX WIFE IS CONTINUING IN HIS DEVIATE WAYS WITH MR. DUVALS TRAPPED CHILDREN ???

What has transpired so far in cases SD 023 958 in the Superior Court of California, County of Los Angeles, West District at 1725 Main Street, Santa Monica, CA, 90405, Dept. E, Room 111 is nothing short of a blatant abuse of discretion leading to prejudicial error. The Honorable Commissioner David J. Cowan, judge pro tem, has allowed the court-appointed Minors Council, Amy L. Nieman, free reign to operate. Under proper conduct, I would not be filing this verified accusation. Since Ms. Neiman's appointment February 7th, 2007, anyone with a reasonable and unabashed account of what has transpired in this Family Court would find the same result: unfair bias against the natural father of two children - these being my, Damon A. Duval's children, Jazz(born 09/28/2001) and Maya(born 12/21/2003). The most destructive and persevering by product of such partiality is the emotional and physical well-being of children of tender years. California Family Law strictly encourages frequent and continuous contact by both natural parents. At an alarming rate, the exact opposite has been happening in this Santa Monica Courthouse.

This court, unchecked in the prejudice against Mr. Duval, in this continuous course of partial conduct, has invoked the complete alienation of a loving, caring, and more than capable father. An appearance by a more than qualified psychiatrist, Dr. Willian C. Wirshing on July 20th, 2009, did nothing for the unchecked prejudice. Dr. Wirshing appeared on his own, free of charge, and on behalf of Mr. Duval and his two children. He considered there to be unfair decisions made by the court. Commissioner Cowan, unfortunately has always relied completely on the partial assessments of Ms. Neiman to influence all court orders. The fact that Dr. Wirshing's declaration was stricken from the record that day should provide more than an eye raising concern for this requested review.

The incontrovertible evidence is unquestionably sufficient enough to show this abuse of discretion, prove the substantial emotional injury sustained by this father and two children, and allow the higher courts to apply the proper relief, and restore and uphold the integrity of the Superior Court.

The concern right now is the safety and well being of two children through the malfeasant auspices of one court appointed Minors Counsel, Amy L.Neiman. There has been a more than enough evidence to warrant a full investigation into Marcus Boesch and what has transpired between him and the children. Particularly of note the, at the time three year old Maya, who accused him BY NAME of improperly touching her. This was accompanied by the frequent uncontrollable urination by Mr. Duvals daughter, a red light warning in any female child abuse matter. The soft handed investigation by Ms. Neiman has not cleared this abuse from having occurred, nor has it assured me that this abuse has ceased.

In West's Annotated California Codes Court Rules, Rules of Professional Conduct, Rule 1-100 note 6, "Attorneys must conform to professional standards in whatever capacity they are acting in a particular manner."[Crawford v. State Bar of Cal.(1960) 7 Cal. Rptr. 746, 54 Cal 2d 659; 355 P. 2d 490]
"One who is licensed to practice as an attorney must conform to professional standards in whatever capacity he may be acting in a particular matter[Alkow v. State Bar of Cal.(1952) 38 Cal. 2d 257; 239 P. 2d 871]
Rule 1-710: A member who is serving as a temporary judge, referee, or court-appointed arbitrator, and is subject under the Code of Judicial Ethics to Canon 6D, shall comply with the terms of that canon.
Canon 6(D): A temporary judge, a person serving as a referee pursuant to Code of Civil Procedure Section 638 or 639, or a court-appointed arbitrator shall comply only with the following Code provisions:
Canon 1:[integrity and independence of the judiciary]
Canon 6(A): Anyone who is an officer of the state judicial system and who performs judicial functions ,including, but not limited to, a subordinate judicial officer, magistrate, court-appointed arbitrator, judge of the State Bar Court, temporary Judge, and special master, is a judge within the meaning of this Code.
Canon 6(D)(3) A temporary judge shall, from the time of notice and acceptance of appointment until termination of the appointment, disqualify himself or herself in any proceeding as follows:
(vii) for any reason:
(A) the temporary judge believes his or her recusal would further the interests of justice;
(B) the temporary judge believes there is a substantial doubt as to his or her capacity to be impartial; or
(C) a person aware of the facts might reasonably entertain a doubt that the temporary judge would be able to be impartial. Bias or prejudice toward an attorney in the proceeding may be grounds for disqualification.
Canon 3(B)(4)[patient, dignified, and courteous treatment]
(6)[require lawyers to refrain from manifestations of any form of bias or prejudice]
Canon 3(c)(2): A judge shall require "staff and personnel" under the judge's direction and control to observe appropriate standards of conduct and to refrain from manifesting bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status in the performance of their official duties.
Canon 3(c)(5): A judge shall perform administrative duties without bias or prejudice. A judge shall not, in the performance of administrative duties, engage in speech, gestures, or other conduct that would reasonably be perceived as 1) bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status, or 2) sexual harassment.
Canon 3(D)(2): Whenever a judge has personal knowledge that a lawyer has violated any provisions of the Rules of Professional Conduct, the judge shall take appropriate action.


Custody of the two children, Jazz and Maya, were given back to the mother on February 7, 2008, one of many malfeasant opinions and suggestions by Minors Council, Amy L. Nieman and concurred by Comm. Cowan After months of stability and continuity in the full custody of their father[see 12/06/08 signed non court-ordered letter from mother granting father custody]. That custody had actually started in the summer of 2007, after the mother's boyfriend was accused by my daughter of touching her inappropriately(genitals). The El Segundo Police Dept. and Child Protective Services(reports made by both and filed with the court) were immediately notified by me. In the 2/7/08 proceedings, Ms. Nieman stated that "the love Mr. Duval has for his children is derived out of the hate he harbors for his ex-wife." She interviewed both parties, and was well aware that my now ex-wife had left the marriage in the middle of a move, children in tow, while we were traveling in a 22 foot RV that was purchased by both of us. Ms. Nieman made it clear that just because I lived in the RV(I had nowhere else to go) was cause for her decision. I wish I could provide the reporter's transcript. Therein it lies.

"The issue in a case such as this is not the condition of the home but in the fitness of the parents to supervise the care, custody, and control of the child[children] and what is in the best interest of the child[children].[Prouty v. Pruty(1940) 16 Cal 2d 190,195; 105 P. 2d 295 Civil Code Sections 84, 138 subd.1

It seems that Comm. Cowan and Minors Council, Amy L. Nieman, have been "narrowly" guided in scope by Civil Code Section 138 subdivision 2 which requires that "other things being equal" if the child[children] is of tender years, custody of the child should be given to the mother.

The 2/27/08 decision was judicially erroneous and severely bias. This decision was so blatant an abuse of discretion that I, the father and my two children have suffered substantial emotional injury. If absent this reprehensible judicial error, the three of us would have obtained a more favorable result.

On March 24th, 2008, completely aware of our joint legal custody status, plaintiff/respondent/mother in complete defiance of two signed court orders(a Conciliation Agreement and a Divorce Judgment) and without my consent, pulled the children out of school, hid out for two days without allowing any contact. She re-enrolled one of the children, my son, Jazz, back in school in El Segundo. Also without my consent, the younger child, Maya, 4 yrs., never even completed her very first year of preschool. Both children having had near perfect attendance, had completed 3/4 of their respective school years in the Santa Monica Malibu Unified School District.

"Averment in contempt affidavit that custodial parent[mother] "removed the children from the state[school that they were enrolled in] without my knowledge or consent and with the intent of preventing the exercise of my visitation and communication rights with the minor children is allegation of fact... not mere conclusion." [Rosin v. Sup. Ct.(1960) 181 Cal. App. 2d 486, 490 5 Cal. Rptr. 421]

Had the children been allowed to stay at their schools, undisturbed, the consistency and stability provided by their father over the last eight months would have achieved a continuity so stressed by any program for any child of tender years, and was stringently so in both court-appointed programs(P.A.C.T. and Parenting without Conflict), attended by both parents.

However this malfeasant decision was based on the three officers of the court's determined intention of depriving myself, the children's biological father, of the pleasure and of the company and necessary parental association with my two children.

As if the destructive and punitive nature of all these decisions weren't enough, it was seen fit to place a six month restraining order on me from the beginning of June through December(2008). There has never been any threat of violence by myself towards the ex-wife or my children. The mother of the children said through her attorney that she feared Mr. Duval might buy a gun. The only place the exchange of the children had been taking place over the previous year was the El Segundo Police Station. Take a gun to the Police Station to exchange the children? Would not that be suicide by cop? This restraining order kept me completely away from every aspect of my children's educational process, not even being able to so much as contact the schools in which they are enrolled. I would miss my son's first grade graduation in June of 2008, his 2nd grade graduation in 2009, and my daughter's graduation from pre-school. I still to this day do not know where my two children reside with their mother and the boyfriend.

In deciding a matter so vital to the welfare and emotional stability of children it is imperative that the trial court, in order to make as wise decision as possible, should have as complete a picture of the whole background as possible, all of which would aid the court, if remaining true to set rules, in determining the probabilities of either parent meeting the basic needs for a balanced existence for the children. It may be that if some of the factors are missing or conveniently overlooked, the the trial court may not arrive at the best decision.

"To be entrusted with the rearing of children a mother[parent] should be possessed of such character and conduct that by the force of his/her example he/she can train them in the paths of morality, righteousness, and rectitude."[Currin v. Currin 125 Cal. App. 2d 644; 271 P. 2d 61] [in accord with Kelly v. Kelly 173 Cal. App. 2d 469, 474; 343 P. 2d 391]

Contemporary psychology confirms what wise families have perhaps always known- that the essence of parenting is not to be found in the harried rounds of daily carpooling endemic to modern suburban life, or even in the doggedly dutiful acts of togetherness committed every weekend by well-meaning fathers and mothers across America. Rather its essence lies in the ethical, emotional, and intellectual guidance the parent gives to the child throughout his/her formative years, and often beyond. The source of this guidance is the adult's own experience of life; its motive power is parental love and concern for the child's well-being; and its teachings deal with such fundamental matters as the child's feelings about his/herself, relationships with others, system of values, standards of conduct, and goals and priorities in life. My capacity to parent was in no way related to a handicap- a 22 ft. RV. In such matters, a handicap may well be an asset.... few can pass through the crucible of a handicap without learning enduring lessons in patience and tolerance.

All of this has occurred on Amy L. Neiman's watch: a court appointed attorney on behalf of two children. My children ARE HER CLIENTS:
**Custody change, and disrupting a 50/50/visitation
**The disrupting of a school year with only ten weeks to go in arguably the finest public school district available is reprehensible, abominable. These are all documented and filed accounts.
**Putting the children back with the mother with this history of neglect:
* fighting to keep the children out of counseling - and placing contempt charges against the father just for taking the children to free counseling offered by their school. Four months of court expenses and NO counseling at all for at risk children, only to comply at the drop of the contempt charges.

* hiring (with the boyfriend) a 23 year-old babysitter over the period of MONTHS with a criminal record as this: arrested with heroin pipe possession, driving without a license, and arrest warrants in excess of $40,000. How do you leave a five and three year old in these hands for one minute?

* a boyfriend accused, by name, by the three year old daughter, of inappropriate fondling and uncontrollable urination to go with the accusation.

* a five year old boy who had been unable to control his bowels for at least over a two year period, hiding his dirty underwear from the adults in the household.

* a three year old girl that screams "who do you think you are the fuck police" while chasing her five year old brother in play.

"A mere recitation of the facts shows grounds for the trial court to find that the character and demeanor of the plaintiff [plaintiff/respondent/mother Tammy L. Williams] would be adverse to a proper raising of children under these circumstances." [Santens v. Santens 180 Cal. App. 2d 809,819 4 Cal. Rptr. 635]

These malfeasant decisions that harmed myself and my two children are reviewable. I pray that the State Bar will find in their review the malpractice, abuse of discretion, and prejudicial errors committed by court appointed Minors Counsel, Amy L. Nieman. I pray that she be held accountable for her actions. The very integrity of our courts, and inarguably the defenseless children of tender years depend on this check and balance.

LAWYERS FOR POOR AMERICANS IS A WWW VOLUNTEER LOBBY FOR POORER AMERICANS THAT CAN BE FOUND WITH ANY SEARCH ENGINE.(424-247-2013)

Posted by: DOUGLAS FIELD | Nov 1, 2009 12:10:59 PM

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