U.S. CRIMINAL LAWS FOR MURDER ARE INSANE

U.S. CRIMINAL LAWS FOR MURDER ARE INSANE

How many times have you read an article about a vicious murder, only to learn the person who committed the crime has a rap sheet longer than your leg? You see it way too often. The criminal was previously arrested for assault, rape, attempted murder, etc. If you’re like me, you ask yourself how or why is this horrible person walking around free? Why aren’t they locked up in a cage for the rest of their lives?

I’m writing this just after a serial killer in Texas, named Raul Meza, turned himself in. He was wanted for 2 murders in Austin, TX. After he turned himself in, he advised the police that he committed two other murders in San Antonio, TX. Authorities believe he may have killed several other people.

In 1982, Raul Meza was convicted for the rape and murder of an 8-year old girl. Guess what? He served only 11 years and was paroled in 1993. You read that correctly. A guy who raped and murdered an 8-year old girl, served only 11 years in prison for that vicious crime. This is a prime example of what is wrong with our criminal justice system. The emphasis should not be on parole or rehabilitation for murderers, it should be on protecting society from vicious killers.

After Meza was released, there’s a long list of people whom he murdered. Obviously, if Meza was locked in a cage for the rest of his life after the 1982 rape and murder of that young girl, numerous innocent people would be alive today.

The treatment of Meza described above is symbolic of so many other cases across the country. Why in the world does our justice system demonstrate so much undeserved empathy toward murderers?

What is wrong with our criminal justice system? Why do vicious killers, who rape and/or murder people, serve such short sentences? Why are they released on parole?

Remember, murder is a permanent crime. The victim and their family will never recover. That’s why the punishment should also be permanent, that means the rest of the criminal’s life. After committing a murder, a prisoner should never be released, so that he or she can do it again.

Let’s take a moment to review the various levels of charges one might face for the murder of someone. Please note, the following list is not all inclusive, it’s more of a generic summary.

First Degree Murder

It is the most severe homicide crime and the criteria is premeditated and carried out with intent. This could result in the death penalty, which is almost never actually imposed. More often, life in prison without the possibility of parole, is the sentence. In America, if you get the death penalty, you’re almost assured of at least another 15-20 years living on death row. See more on this at the end of this article.

However, some judges give out a sentence such as only 15 or 25 years to life. Why? Put them away forever!

Second Degree Murder

Second-degree murder is carried out with intent but with no premeditation. This one often carries a pathetic sentence like 15 years to life.

Third Degree Murder

Third-degree murder falls between manslaughter and second-degree murder charges. This murder is not based on having the intent to kill. Third-degree murder is often charged as a depraved heart or mind crime. This charge can arise when a person fires a gun in a crowd without intending to kill anyone. Do you or I really care if he or she intended to kill someone? Firing a weapon into a crowd is more than enough for me to lock up this person forever.

Manslaughter

Your behavior shows you don’t care if someone dies because of your actions (voluntary manslaughter). You accidentally cause another person to die (involuntary manslaughter).

Attempted Murder

Attempted murder is the failed or aborted attempt to murder another person.

In some states “Attempted 1st Degree Murder” can carry a sentence of life in prison with the possibility of parole. Unfortunately, that kind of sentence is very rare. In most states, more often than not, attempted murder carries a maximum penalty of only 15 years. Very often, the actual sentence is even lower.

Unfortunately, our justice system usually rewards the criminal for failure. If you attempt to kill someone and succeed, you will probably receive a very serious sentence. However, if you try to kill someone, but fail to achieve your goal, the criminal justice system often rewards you with a very light sentence. How dumb is that?

Death Penalty

In 1976, the death penalty was reinstated by the Supreme Court. Since then, only 1,569 men and women have been executed in the United States. Incidentally, most of those executions were concentrated in a few states.

1,569 may sound like a large number, but over 47 years, that comes to only   33 per year. How many murders are committed in America annually? I don’t have the exact number, but it averages out to approximately 21,000 per year. Yes, out of every 21,000 murders annually, there are approximately only 33 death penalty cases each year

Let’s do the math.

21,000 x 47 years = 987,000 murders since 1976

How many people were put to death? 1,569. That means the death penalty is applied in America only about 2% of the time. Or looking at it from the opposite direction, in about 98% of murders cases, there is no death penalty applied.

If you’re like me, you are angry that the death penalty isn’t utilized far more often. However, it should only be applied when the guilty person confesses, or if there is 100% scientific proof. It should never be used in a circumstantial evidence case.

It doesn’t matter how you personally feel about the death penalty and/or how rarely it’s used. What matters is we keep the threat of a death penalty hanging over the head of murderers. Why? Because you would be amazed how many times a murderer pleads guilty to a lesser charge to avoid the death penalty.

Conclusion

We need a justice system that emphasizes punishment over rehabilitation for violent offenders. People who rape, seriously injure, or kill others, deserve to spend the rest of their lives locked in a cage. This type of sentence places the emphasis on protecting society from people who will kill someone for a trivial reason. They simply do not care about others.

Why should we demonstrate empathy for these cold-hearted killers? Why does our criminal justice system demonstrate such a high level of concern for violent offenders? You can bet every dollar you have, if the judge was sentencing a killer who murdered one of his loved ones, that murderer would never see the light of day again. We need judges who place themselves in the position of a family member who just lost a loved one forever.

Myth: Moderate Amounts of Alcohol are Healthy

MODERATE AMOUNTS of ALCOHOL IS GOOD FOR YOUR HEALTH
That is a MYTH

Over the years, I’ve known many people who told me that drinking alcohol at a moderate level is actually good for you. I knew that wasn’t true, as I read lots of scientific research which showed the kind of damage, even moderate amounts of alcohol does to your body. Nonetheless, many people believe that myth, much of it perpetrated by a flawed study many years ago.

If you’ve been following my previous blog articles, you know that I never touched alcohol in my life. I go dancing and have tons of fun at parties without drinking. Why do people believe they need alcohol to have fun?

Having said that, everyone I know drinks. Unfortunately, it is embedded in our culture as socializing and celebrating are all associated with drinking.  I do not expect anyone to stop drinking, nor do I expect cultural habits to change. My goal in this article is to ensure you know the belief that moderate drinking is good for your health is in fact a myth. Drinking negatively impacts a number of health-related issues such as:

  • Cancer
  • Blood pressure
  • Atrial Fibrillation / Irregular Heartbeats
  • Weakened Heart Muscles
  • Heart Attacks
  • Strokes

I don’t expect people who enjoy a glass of wine with their dinner to stop. But I want them to know that even moderate levels of alcohol can be unhealthy and/or dangerous. Once you are aware of the impact and danger occasional drinking can have, you can make an informed decision.

For over 30 years, I’ve been following Dr. Mirkin, who used to have a radio show in the DC-MD area, which I frequently listened to. Dr. Mirkin carefully follows medical research from around the world and reports it to his followers on his website. Therefore, when you’re reading one of his articles, you are not reading one person’s opinion, you are reading about the latest scientific research.

At the end of the article, Dr. Mirkin then inserts his personal opinion and recommendations. Earlier this week, he uploaded an article reference the latest research on alcohol and its impact on your body. Here’s the article and the link.

Link to Dr. Mirkin’s Article:
https://www.drmirkin.com/nutrition/no-amount-of-alcohol-is-healthful.html

No Amount of Alcohol is Healthful

April 7, 2023

Low-volume alcohol drinking is not associated with protection against death from all causes (JAMA Netw Open, Mar 2023;6(3):e236185). An analysis of 107 studies involving more than 4.8 million participants found no significant reductions in death rates for those who drank fewer than 25 grams of alcohol per day (two standard drinks) compared with lifetime nondrinkers. The death risk was increased in women who drank 25 or more grams per day and among male drinkers who drank 45 or more grams per day. The study found no increased risk for occasional drinkers.

The World Heart Federation reported that taking one drink a day does not help to prevent heart attacks (Clinical Nutrition, Feb 1, 2022;41(2):348-355). A study of 371,463 individuals found that no amount of alcohol helps prevent heart disease, and the more you drink, the greater your chance of suffering a heart attack (JAMA Netw Open, March 2022;5(3):e223849).

Flaws in Studies Showing that Light Drinking Reduces Heart Attacks
For many years, the alcoholic beverage industry has promoted studies showing that moderate drinkers live slightly longer than non-drinkers, but the non-drinking groups in these studies have included people who gave up alcohol on their doctors’ instructions: those with high blood pressure, diabetes, high cholesterol, some types of cancer, diseases of the heart, kidney, liver or lungs or other health problems, as well as recovering alcoholics. A study with a 20-year-follow-up of 4,028 18-to-64-year-old adults found that when the people who had stopped drinking for medical reasons were removed from the control group, moderate drinkers did not live longer than non-drinkers (PLoS Medicine, Nov 2, 2021;18(11):e1003819). An analysis of 45 earlier studies showed that those associating moderate drinking of alcohol with reduced heart attacks rates needed better control groups (J Stud Alcohol and Drugs, May 17;78(3):394-403).

Alcohol and Heart Damage
Alcohol intake has been linked to increased heart rate, high blood pressure, weakened heart muscle and irregular heartbeats, all of which can increase the risk of heart attacks and strokes (Alcohol Clin Exp Res, Dec 2015;39(12):2334–2344). Drinking any amount of alcohol is associated with increased risk for irregular heartbeats or atrial fibrillation (European Heart J, March 21, 2021;42(12):1170-1177). A study of 79,000 Swedish adults, aged 45-83, followed for up to 12 years, showed that those who drank any amount of wine or liquor daily were at increased risk for atrial fibrillation, an abnormally fast heartbeat that can cause clots, strokes and heart failure (J American College of Cardiology, July 14, 2014).

People who take just one drink a day are at increased risk for heart disease (J American College of Cardiology, December 5, 2016) and enlarged upper heart and irregular heartbeats that cause clots and strokes (J Am Heart Assoc, Sep 14, 2016;5:e004060; J Am Coll Cardiol, 2016;68(23):2567-2576). Binge drinking, defined as having five or more drinks in a single bout, increased risks even more. Data from six studies including more than 12,500 cases of atrial fibrillation showed that each additional drink per day of any type of alcohol boosted risk of irregular heartbeat by eight percent (J Am Coll Card, July 14, 2014). Many other studies have associated drinking alcohol with atrial fibrillation, high blood pressure, heart failure and strokes. Association is not cause, but I believe that these studies give reason for caution.

My Recommendations
Many people have the mistaken belief that it is safe for women to take up to one drink per day and for men to take up to two drinks per day. Almost 30 percent of North Americans drink more than that. Most studies of alcohol consumption show that no amount of alcohol is “safe” or beneficial. Whatever you decide about your own consumption of alcohol, do not base your decision on bad information from the alcoholic beverage industry. Occasional drinking probably will not harm you, but repeated drinking increases your risk for many different cancers, heart attacks and strokes. See:
Alcohol Increases Risk for Heart Attacks and Cancers
Alcohol Does Not Appear to Prevent Heart Disease
Alcohol At Any Dose Can Increase Cancer Risk

Trump: NYC Indictment

The NY Trump Indictment

I’m writing this article on April 2nd so I have to start with a caveat, we don’t yet have all the facts. At this point in time, the indictment is sealed, so some of what I’m going to write below is speculation. My conclusions are based upon common sense, press reports, comments from former federal prosecutor and NYC D.A. Mark Pomerantz, and the fact that we know Trump is a thug and a criminal, who has no respect for the rule of law.

As we know, the press tends to focus on issues which they believe their audience is interested. How many Americans are interested in the nuances of corporate fraud law in New York? Therefore, we should not be surprised to learn that every press report focuses primarily on the Stormy Daniels hush money payments made by Trump’s attorney. They believe that will get the attention of their readers.

Right-Wing propaganda experts are trying to spin this indictment as the Stormy Daniels hush money incident, as in a case solely about a campaign financing violation. They are arguing that is not worth indicting a former president.

Hello! The Grand Jury in this case deliberated for at least 6 months! If this was primarily about hush money payments to Stormy Daniels, the Grand Jury could have made a decision about her case in 6 hours.

What does the time span tell us? It tells us this is a very complex, complicated case about felony corporate fraud law violations. That’s why this grand jury has been listening to evidence for more than 6 months. For me, that validates the press reports which indicate Trump has been charged with 30 or more counts of Corporate Fraud in NYC. It would probably take months to explain the nuances of corporate fraud laws to members of a Grand Jury.

That brings us to former D.A. Mark Pomerantz, who played a major role as a federal prosecutor in the conviction of Mafia kingpin John Gotti.

Pomerantz worked with former NYC District Attorney Vance, who retired and was replaced by Bragg. Pomerantz believed the team had overwhelming  evidence of corporate fraud, which merited filing numerous felony charges against Trump. But the newly elected district attorney, Alvin Bragg, wasn’t ready to proceed with an indictment, so Pomerantz and another senior attorney resigned. Their departures were headline news across America. Pomerantz wrote in his resignation letter that failing to bring a case of criminal fraud charges against Trump, was a grave failure of justice.

Listen to what he said about Trump and the investigation.

  • Pomerantz compares Trump to John Gotti, a mob boss who used every trick to avoid culpability and maintain one degree of deniability, while building a massive criminal enterprise.
  • Here is one example, illustrating how the Trump business operates. The Trump organization valued a Manhattan property at $527 million in one document for a bank loan. They then reported the value of that same property to the tax authorities as $16 million.
  • The above example of fraud is for only one property. Can you imagine the level of crime when all the Trump properties are accounted for?
  • Pomerantz argued there was so much evidence of financial fraud reference numerous felonies committed by Trump and his organization, that he should have been indicted 2 or 3 years ago.

Critical Point of this Article

If one believes Pomerantz, and I do, the right-wing propaganda experts have it backwards. Trump isn’t being prosecuted, as they claim, for political reasons. In reality, he actually received the benefit of a double standard in his favor, because he was Donald Trump, former President. In other words, Pomerantz argues that if it was anyone other than Trump, there is so much evidence of fraud, he would have been indicted a long time ago.

Republican Party Reaction

I thought the Republican Party took pride in being referred to as the party of Law & Order. Why does a political party, which allegedly respects Law & Order, attack the District Attorney, who enforces the law, and defends the criminal who committed numerous felonies? Members of Congress said they plan to investigate and go after the NYC District Attorney. Wow! If this was a plot in a Hollywood movie, you would probably think about walking out of the theater, because it is such a stupid movie.

Trump’s Other Major Legal Problems

I’m sure you know Trump may be indicted in Georgia for interfering with the 2020 Presidential election in that state. We don’t know for sure, but it appears as if another indictment is inevitable.

Federal Case against Trump

In my opinion, this is the big one. Trump stole hundreds of Top Secret / Classified documents and stored them in his private residence for 19 months. Who knows what he did with those documents? Did he sell them to China or Vladimir?

Please be aware of yet another double standard in favor of Trump. If a CIA employee stole hundreds of Top Secret Classified documents, they would have been arrested before the week was over. So far, nothing has happened to Trump. You get the idea, politics is protecting Trump, it is not the reason for pending indictments against him.

Unfortunately, in Trump World, many believe the FBI planted those documents in his Mara a Lago home. They also ignore the fact that Trump was given multiple opportunities to return the stolen documents, but refused to do such. If Trump would have complied with those requests, there would have been no need for an FBI raid on his private home.

So far, we’ve heard very little about the DOJ investigation, but I would be very surprised if serious charges aren’t filed. Of course, the horrible mishandling of Top Secret / Classified documents by President Biden, is seriously impacting the federal case against Trump.

RED vs. BLUE States

RED STATES versus BLUE STATES

Right-wing propaganda experts repeatedly try to portray the Blue states as failed ones, and the red states as the best ones. Of course, that Is not supported by the facts. For the most part, Blue states generally have the best jobs, the best schools, the best amenities, the best hospitals and medical care, the highest levels of income, and pay the most taxes. In other words, they are financially independent.

In sharp contrast with Blue states, many RED states have the lowest levels of education and many of them depend on the federal government for welfare.

I downloaded a list of the 20 states with the highest levels of education and the 20 states with the lowest levels of education. It’s very obvious that uneducated people, who do not engage in independent research and who watch Fox 24/7, are helpless victims of propaganda. But the people who live in the Blue states, read far more often, engage in independent research, and I’m guessing, do a lot more thinking.

The Fox Propaganda Network is incredibly popular in the RED states. In fact, it’s an addiction in those states. I’m guessing Fox isn’t as popular in the BLUE states, which generally have a much higher level of education.  It’s a lot more than just education. Fox and their viewers are always talking about the high level of crime in Blue states, but once again, they are not supported by the facts. Remember, facts and research are not part of their world. I also listed the 15 most dangerous states, per FBI statistics, most of them are RED states.

If you are interested, the safest state in America is New Jersey.

Before you check out the research I downloaded, I want you to know what Fox viewers and Trump supporters will say when they are presented with the facts and research below. They will call it “FAKE NEWS”.

Top 20 states with highest levels of education.

  1. Massachusetts            
  2. Maryland
  3. Connecticut                
  4. Vermont
  5. Colorado            
  6. New Jersey
  7. Virginia                        
  8. New Hampshire
  9. Minnesota            
  10. Utah
  11. Washington            
  12. Rhode Island
  13. Delaware            
  14. New York
  15. Oregon            
  16. Illinois
  17. Hawaii
  18. Maine
  19. Montana            
  20. Wisconsin

Top 20 states with lowest levels of education

  1. Iowa
  2. Georgia

    33 Missouri                             

  1. Ohio
  2. South Dakota
  3. Iowa
  4. Arizona
  5. Indiana
  6. South Carolina
  7. Tennessee
  8. Texas
  9. New Mexico
  10. Nevada
  11. Kentucky
  12. Oklahoma
  13. Alabama
  14. Arkansas
  15. Louisiana
  16. Mississippi
  17. West Virginia

       The top 10 states which depend on the Federal Government for Welfare.

  1. Alaska
  2. Mississippi
  3. Kentucky
  4. West Virginia
  5. Montana
  6. New Mexico
  7. Arizona
  8. Louisiana
  9. Indiana
  10. Alabama

The 15 most Dangerous States in America, per FBI statistics

  1. Louisiana
  2. Arkansas
  3. Alabama
  4. Tennessee
  5. Alaska
  6. Missouri
  7. Michigan
  8. Colorado
  9. South Carolina
  10. Oklahoma
  11. Texas
  12. Montana
  13. Nevada
  14. South Dakota
  15. Kansas