Natural Law
November 30 2010
I do not like the direction this country is going in that we are headed to socialism and a planned central based economy with the government owning banks and auto companies and hiring and firing CEOs of private companies. Arizona is a very powerful state in face we are so powerful they we created a new RACE of humans, called the Illegal race.
I along with 5 other men went to visit the border a few weeks ago and saw the so-called fence. I saw the tracks where the illegal brought in the drugs for the Cartels. I saw the rape trees and the damage that the illegals do to the ranches along the border. We were also detained by our own border police because they cannot guarantee an Americans safety, on American soil from the drug cartels and the illegal aliens.
Natural law is by far the most appropriate and influential theory to affect and create our new nation and the legal system that followed. The original draft of the declaration of independence in the first sentence, that Thomas Jefferson provided to the Continental Congress and then debated between June 12 and June 27, 1776, “to assume among the powers of the earth the equal & independant station to which the laws of nature & of nature’s God entitle them” This was changed by the Continental congress by adding words “Separate and, Station” and removing “independant” So that it reads “earth the Separate and equal Station”.
In the second paragraph he added “We hold these truths to be sacred & undeniable;[i][2] that all men are created equal & independant, that from that equal creation they derive rights” This was also changed to “We hold these truths to be self evident: that all men are created equal; that they are endowed by their Creator with [inherent and] inalienable rights” This document was passed by the Continental Congress on July 4th 1776, Therefore, they all were in agreement that natural rights are the basis of our government and of our law.
The Constitution also is based on natural law. While, the word “GOD” does not appear anywhere in the constitution, the founders have provided over 3,500 quotes that show where various parts of the constitution were derived from, whether it be from common law, or from the bible, both old and new testaments. Over 65% of these quotes trace back to the bible. To prove this will take a longer dissertation, than can be provided here. However, an example of it is the Separation of Powers is based on Jeremiah 17:9, and the 3 branches are based on Isaiah 33:22
Even the 109th congress agreed with natural law: “The declaration of Independence was the promise; the Constitution was the fulfillment.” 109th Congress, 2nd session/ Senate document 109-17.
Actus Reus Is the wrongful action, so let’s look at this in regards to an illegal alien. There are several ways to become an illegal alien; I will stick to only crossing the Mexican border, because that is paramount in the minds of Arizona citizens today with SB1070 and the Obama law suit.
When an illegal pays a coyote to escort them across the border into Arizona and they are still in Mexico there is no crime as far as American law is concerned. The moment they walk across the border with the coyote, now two people are guilty of Actus Reus, the coyote and the illegal. Both, the coyote for transportation, Subjective Intent, of an illegal, and the illegal for conspiring to commit a Personal Status crime, which is not to mention the illegal’s that are coming in as mules carrying 50 pounds of drugs, Subjective Intent. Now when the illegal actually gets a job here he is now doing harm to Americans that actually want to work such as a teenager, which enjoys an unemployment rate of 30% to 50%, at McDonalds,
Looking at Specific Intent from another standpoint here in Arizona, the case of SB1108 “Constitutional Carry” This law made it legal to carry a concealed weapon without asking permission from the government to obey the constitution, that is not having a CCW permit. The law also changes the penalty for having a weapon if used in a crime from a class 1 misdemeanor to some serious jail time. From SB1108 “The offense occurs during the furtherance of a serious offense, violent crime or any other felony offense, in which case it is a class 6 felony;” Or would this be called Subjective intent?
Homicide Premeditated murder, 1st degree, 2nd degree murder, (I did not mean to kill her when I hit her in the head with that hammer), and 3rd degree, manslaughter are the three major categories. Premeditated, as the name implies, requires a plan to murder someone. Second degree is when she hit me first while I was cutting a steak, and then I stabbed her because she made me mad. Then 3rd degree is any other killing that can’t be put into the first two well enough to get convictions.
Arizona Revised Statutes §13-1102 Negligent homicide; classification
A. A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child.
B. An offense under this section applies to an unborn child in the womb at any stage of its development. A person may not be prosecuted under this section if any of the following applies:
1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law.
2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.
3. The person was the unborn child's mother.
C. Negligent homicide is a class 4 felony.
Finally an example is this; Investigators said the victim, Mark Mathes, lived with Jessica Nelson, who accused him of stealing from her. Nelson asked the three other suspects to help her "take care of this matter."
In February 2002, according to authorities, the four suspects allegedly beat Mathes unconscious, packed his body in the trunk of a car and drove him to the desert near Crown King. There, they killed him. The body wasn't found until a year later.
The three others were obviously guilty of murder, but was Nelson then first degree or second degree? She asked them to take care of the problem, but did not ask them to kill the victim. She only meant for them to frighten the victim, to go away and never bother her again. They got carried away and he died. My opinion is she was not guilty of murder, because she just wanted him gone, however she did know what the 3 would do, so she did order his death. That makes all four of them guilty of first degree murder.
property crime.
This text makes a very good definition of property, I can say that it is really the first time I have looked at it this way; (text)“To understand crimes against property, you must first understand what property is. Property consists of a bundle of rights, including the right to possess, use and enjoy, and dispose of something. It is not a material object itself, but a person’s right to do what he or she wishes with that object, subject to limitations provided in the law.” Therefore, crime against property is anything that violates the principal of another’s ownership of said property.
The major crimes are Arson, Burglary, Embezzlement, Forgery, Malicious Mischief, Phishing, Robbery, and Theft. When I moved to Arizona over 5 years ago I found that Phoenix was the car theft capital of the nation. Cars were stolen for two reasons, first and most common was to drive to Mexico and go to a chop house. Second was larger vehicles such a closed vans and large SUVs would be driven back to the Mexico border, loaded with illegal’s and drugs then driven back to a drop house in Phoenix. SUVs and four wheelers were use to get across the desert at night. If they broke down or ran out of gas they were abandoned. Bill Montgomery became the head of the vehicle theft task force of the Maricopa county attorney general’s office. With his forging an alliance with County Attorney, Andrew Thomas and Sheriff Joe Arpio, Phoenix went from 1st place to 40th place in three years.
(Davenport. Basic Criminal Law: The Constitution, Procedure, and Crimes, 2nd Edition. Pearson Learning Solutions 8.3.1).
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Social Crime
This author’s definition of Social Crimes seems to be summed up in the very first sentence, “Every society has generally accepted rules of conduct for its members.” The author then goes on to state “Many of these are what some refer to as “victimless” crimes.” Is there any such thing as victimless crimes? Some say yes and some say no.
Prostitution for example has usually been described as victimless. Exploring that, we see a college girl needing some money for books, so she sells the use of her body for a short time for money. She buys the books and go off to study for the term. These two people just completed a business transaction; no diseases were transmitted so this would seem to be victimless. What if he gave her a disease or she gave him a disease, now we have a victim, the one who did not have the disease previously. They both knew full well this could happen and were well aware of the risks, therefore this is still victimless.
Now this girl becomes pregnant so she obtains an abortion. Now is there a victim? Yes there is, the child that was murdered. The child sometimes referred to as a zygote or a fetus is no longer.
Now what if this girl is owned by a pimp, and she must give him the money she received for safe keeping. This time it is no longer a victimless crime. The girl is a victim because she is performing against her will. Her natural rights as a human have been violated because she is a slave to the pimp for whatever reason she joined him.
If we outlaw prostitution, then we outlaw the very right to our own body. We also victimize the girl a second time, instead of the pimp, because it is easier to get a conviction of the victim.
(Davenport. Basic Criminal Law: The Constitution, Procedure, and Crimes, 2nd Edition. Pearson Learning Solutions 11.11).
Law Enforcement
Challenges of Law Enforcement Illegal drug activity, drug abuse and gambling continue to present challenges to law enforcement. What do you see as being the greatest challenges associated with each of these crimes and how can law enforcement effectively address these challenges? Provide examples to illustrate your positions and suggestions. Explain in 200 – 250 words. Substantively respond to at least two of your classmates’ postings.
All three activities Illegal drugs, drug abuse and gambling present challenges to law enforcement in several ways. The biggest impediment is in the approach to the crime itself. They are all treated as illegal activities rather than their true nature, tax code violations. We have a very serious problem here in Arizona, with the drug cartels from Mexico, controlling the drug trade and fighting amongst themselves for control in Mexico. Just a few days ago 75 bodies were found in the desert in Mexico just south of Brownsville Texas.
Another impediment to law enforcement is the upper management and the mayors promoting sanctuary cities for illegals. They pick and choose what laws their police will enforce. If you do not enforce all the laws, which is part of their oath of office, we simply become a land of men and NOT of laws.
Prohibition provides us with the best and most complete example of why drugs and gambling is being handled incorrectly. Prohibition was made the law of the land in 1920, and then finally repealed in 1933. While it was in effect some very prominent families made fortunes, the most notable being the Kennedy clan (never proven) and Al Capone from Chicago. Capone was never convicted of any crime, only tax evasion. Once prohibition was repealed the criminal element found new enterprises to get into, such as prostitution.