Strong but Fair Criminal Justice
- The quality of being just;
conformity to the principles of righteousness and rectitude in all things;
strict performance of moral obligations; practical conformity to human or
divine law; integrity in the dealings of men with each other; rectitude;
equity; uprightness.
- Conformity to truth and
reality in expressing opinions and in conduct; fair representation of facts
respecting merit or demerit; honesty; fidelity; impartiality.
- The rendering to every one his
due or right; just treatment; requital of desert; merited reward or
punishment; that which is due to one's conduct or motives.
- A person duly commissioned to
hold courts, or to try and decide controversies and administer justice.
Constitutional Quotes
- Article
I, Section
8 - The Congress shall have Power To lay and
collect Taxes, Duties, Imposts and Excises, to pay the Debts and
provide for the common Defense and general Welfare of the United
States; but all Duties, Imposts and Excises shall be uniform
throughout the United States;
- To provide
for the Punishment of counterfeiting the Securities and current
Coin of the United States;
- To
constitute Tribunals inferior to the supreme Court;
- To define
and punish Piracies and Felonies committed on the high Seas, and
Offences against the Law of Nations;
- Article
I, Section
9 - The Privilege of the Writ of Habeas Corpus
shall not be suspended, unless when in Cases of Rebellion or
Invasion the public Safety may require it.
- No Bill of
Attainder or ex post facto Law shall be passed.
- Article
II, Section 2
- The President shall be Commander in Chief of the Army and Navy of
the United States, and of the Militia of the several States, when
called into the actual Service of the United States; he may require
the Opinion, in writing, of the principal Officer in each of the
executive Departments, upon any Subject relating to the Duties of
their respective Offices, and he shall have Power to grant Reprieves
and Pardons for Offences against the United States, except in Cases
of Impeachment.
- He shall have Power, by and with the Advice and Consent of the
Senate, to make Treaties, provided two thirds of the Senators
present concur; and he shall nominate, and by and with the Advice
and Consent of the Senate, shall appoint Ambassadors, other public
Ministers and Consuls, Judges of the supreme Court, and all other
Officers of the United States, whose Appointments are not herein
otherwise provided for, and which shall be established by Law: but
the Congress may by Law vest the Appointment of such inferior
Officers, as they think proper, in the President alone, in the
Courts of Law, or in the Heads of Departments.
- Article
II, Section 4 -
The President, Vice President and all civil Officers of the United
States, shall be removed from Office on Impeachment for, and
Conviction of, Treason, Bribery, or other high Crimes and
Misdemeanors.
- Article
III, Section 1 -
The judicial Power of the United States shall be vested in one
supreme Court, and in such inferior Courts as the Congress may from
time to time ordain and establish. The Judges, both of the supreme
and inferior Courts, shall hold their Offices during good Behavior,
and shall, at stated Times, receive for their Services a
Compensation, which shall not be diminished during their Continuance
in Office.
- Article
III, Section 2
- In all Cases
affecting Ambassadors, other public Ministers and Consuls, and
those in which a State shall be Party, the supreme Court shall
have original Jurisdiction. In all the other Cases before
mentioned, the supreme Court shall have appellate Jurisdiction,
both as to Law and Fact, with such Exceptions, and under such
Regulations as the Congress shall make.
- The Trial of
all Crimes, except in Cases of Impeachment, shall be by Jury;
and such Trial shall be held in the State where the said Crimes
shall have been committed; but when not committed within any
State, the Trial shall be at such Place or Places as the
Congress may by Law have directed.
- AMENDMENT
XI - The
Judicial power of the United States shall not be construed to extend
to any suit in law or equity, commenced or prosecuted against one of
the United States by Citizens of another State, or by Citizens or
Subjects of any Foreign State. (Note:
Article III, section 2, of the Constitution was modified by
amendment.)
- Article
III, Section 3
- Treason against the United States, shall consist only in levying War
against them, or in adhering to their Enemies, giving them Aid and
Comfort. No Person shall be convicted of Treason unless on the
Testimony of two Witnesses to the same overt Act, or on Confession
in open Court.
- The Congress
shall have Power to declare the Punishment of Treason, but no
Attainder of Treason shall work Corruption of Blood, or
Forfeiture except during the Life of the Person attainted.
- Article
IV, Section 1 - Full Faith and Credit shall be
given in each State to the public Acts, Records, and judicial
Proceedings of every other State. And the Congress may by general
Laws prescribe the Manner in which such Acts, Records and
Proceedings shall be proved, and the Effect thereof.
- Article
IV, Section 2 - The Citizens of each State shall
be entitled to all Privileges and Immunities of Citizens in the
several States.
- A Person
charged in any State with Treason, Felony, or other Crime, who
shall flee from Justice, and be found in another State, shall on
Demand of the executive Authority of the State from which he
fled, be delivered up, to be removed to the State having
Jurisdiction of the Crime.
- Article
VI, Section 2
- The Senators
and Representatives before mentioned, and the Members of the
several State Legislatures, and all executive and judicial
Officers, both of the United States and of the several States,
shall be bound by Oath or Affirmation, to support this
Constitution; but no religious Test shall ever be required as a
Qualification to any Office or public Trust under the United
States.
- Amendment
IV - The right
of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.
- Amendment
V - No person
shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the Militia, when
in actual service in time of War or public danger; nor shall any
person be subject for the same offence to be twice put in jeopardy
of life or limb; nor shall be compelled in any criminal case to be a
witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be
taken for public use, without just compensation.
- Amendment
VI - In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the
State and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law, and to
be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defense.
- Amendment
VII - In Suits
at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact
tried by a jury, shall be otherwise re-examined in any Court of the
United States, than according to the rules of the common law.
- Amendment
VIII - Excessive
bail shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted.
- Article
of Confederation IV
- If any
person guilty of, or charged with, treason, felony, or other
high misdemeanor in any State, shall flee from justice, and be
found in any of the United States, he shall, upon demand of the
Governor or executive power of the State from which he fled, be
delivered up and removed to the State having jurisdiction of his
offense.
- Full faith
and credit shall be given in each of these States to the
records, acts, and judicial proceedings of the courts and
magistrates of every other State.
- Article
of Confederation IX
- The United
States in Congress assembled shall also have the sole and
exclusive right and power of regulating the alloy and value of
coin struck by their own authority, or by that of the respective
States -- fixing the standards of weights and measures
throughout the United States -- regulating the trade and
managing all affairs with the Indians, not members of any of the
States, provided that the legislative right of any State within
its own limits be not infringed or violated -- establishing or
regulating post offices from one State to another, throughout
all the United States, and exacting such postage on the papers
passing through the same as may be requisite to defray the
expenses of the said office -- appointing all officers of the
land forces, in the service of the United States, excepting
regimental officers -- appointing all the officers of the naval
forces, and commissioning all officers whatever in the service
of the United States -- making rules for the government and
regulation of the said land and naval forces, and directing
their operations.
- Declaration
of Independence
- To
prove this, let Facts be submitted to a candid world.
- He has
obstructed the Administration of Justice, by refusing his
Assent to Laws for establishing Judiciary powers.
- He has
made Judges dependent on his Will alone, for the tenure of
their offices, and the amount and payment of their salaries.
- He has
combined with others to subject us to a jurisdiction foreign
to our constitution, and unacknowledged by our laws; giving
his Assent to their Acts of pretended Legislation:
- For
protecting them, by a mock Trial, from punishment for
any Murders which they should commit on the Inhabitants
of these States:
- For
depriving us in many cases, of the benefits of Trial by
Jury:
- For
transporting us beyond Seas to be tried for pretended
offences
- Winning the War on
Terror
- International
Institutions
- We hail the
actions of President Bush and the Republican Congress to ensure that
our nation's efforts to meet our global security commitments and
protect Americans are not impaired by the potential for
investigations, inquiry, or prosecution by the International
Criminal Court, whose jurisdiction we do not accept as extending to
Americans. We support full implementation of the American Service
members Protection Act, whose provisions are intended to ensure and
enhance the protection of U.S. personnel and officials.
- We also praise
President Bush for his efforts at home, where he has tripled the
number of traffickers criminally charged and doubled the number of
convictions, while supporting the good work of organizations that
are rescuing women and children from exploitation.
- Building an
Innovative, Globally Competitive Economy
- Corporate
Accountability
-
The private
sector functions most effectively when laws are transparent and
people respect them - this includes people in positions of power.
When corporate leaders break the law, they should be punished.
- After fraudulent
corporate practices rooted in the irrational exuberance of the late
1990s began to surface in the closing months of 2001, President Bush
worked with the Congress to take decisive action to restore honesty
and integrity to America's corporate boardrooms. In July 2002,
President Bush signed the Sarbanes-Oxley Act, the most far- reaching
reform of American business practices since the 1940s. Under this
new law, CEOs and Chief Financial Officers are required to
personally vouch for the truth and fairness of their companies'
disclosures; for the first time, an independent board has been
established to oversee the accounting profession; investigators have
been given new tools to root out corporate fraud; and enhanced
penalties are ensuring that dishonest corporate officials do hard
time.
- We applaud
President Bush for vigorously enforcing the law to deter and punish
further corporate abuses. He established an interagency Corporate
Fraud Task Force to investigate and prosecute financial crimes; to
recover the proceeds of those crimes; and to hold corporate
criminals to account. Since the Task Force was established two years
ago, over 700 violators have been charged and over 300 convictions
or guilty pleas secured, including more than 25 former CEOs. More
than $1 billion in forfeited funds has also been recovered from
corporate wrongdoers for return to defrauded creditors and
investors. Separately, the enforcement budget of the Securities and
Exchange Commission (SEC) has more than doubled, and the SEC has
issued new rules to ban late- trading and other fraudulent practices
engaged in by certain mutual funds. Thanks to swift and decisive
action by President Bush and the Congress, Americans can trust that
corporate executives who operate outside the law will be prosecuted.
- Protecting the
Rights of Workers
- In addition,
criminal prosecutions against employers and plan trustees who abuse
pension and health plans have increased by more than 50 percent
since 2001. More than $3 billion has been secured through court
judgments, settlements, and fines covering 150 million workers and
their dependents by holding those who manage benefit plans
accountable for their legal obligations to protect plan
participants. Thanks to Republican efforts to enforce the law, the
word is getting out that benefits managers should invest and manage
employees' retirement funds as carefully as they would handle their
own.
- Investing in
Science, Technology, and Telecommunications
- At the same
time, we recognize the magnitude and pace of change require
vigilance by government to make the most of the opportunities,
mitigate the possible downsides of rapid technological advancement,
and protect the technology industry from modern day pirates at home
and abroad - both those who violate copyrights and those who loot by
litigation.
- Strengthening
Our Communities
- Revitalizing
America's Cities
- New York City
evolved from a city plagued by crime, smothered by government, and
void of opportunity, into one that attracts both families and young
people looking to build careers and enjoy an urban lifestyle. New
York's turnaround is a testament to the great power of turning
Republican ideals into policies and solutions. By focusing on
economic growth and opportunity, business development, crime
control, and the revitalization of urban eyesores, we can inject
fresh energy and opportunity into America's urban centers.
- Violent crime
rates, including robberies and rapes, were down in 2003.
- Protecting Our
Rights, Fighting Criminals, and Supporting Victims
- We believe the
Second Amendment and all of the rights guaranteed by it should
enable law-abiding citizens throughout the country to own firearms
in their homes for self-defense. To protect the rights and safety of
law-abiding citizens, the Congress passed and President Bush signed
the Law Enforcement Officers Safety Act, which allows active and
retired law enforcement officers to carry concealed guns in public
while off-duty. We support efforts by the Administration and
Congress to enhance the instant background check system for gun
purchases and to ensure that records of lawful transactions are
destroyed in a timely manner.
- We agree that
the best way to deter crime is to enforce existing laws and hand
down tough penalties against anyone who commits a crime with a gun.
This approach is working. Since Project Safe Neighborhoods was
instituted in 2001, hundreds of new federal, state, and local
prosecutors have been hired to target criminals who use guns.
Prosecutions are up 68 percent, and the violent crime victimization
rate is down 21 percent. The Republican Party and President Bush
support a federal Constitutional amendment for victims of violent
crime that would provide specific rights for victims protected under
the U.S. Constitution. We support courts having the option to impose
the death penalty in capital murder cases. We praise President Bush
and Republicans in Congress for the measures they have taken to
protect pregnant women from violent crime by passing Laci and
Conner's law, which recognizes the common-sense proposition that
when a crime of violence against a pregnant woman kills or injures
her unborn child, there are two victims and two offenses that should
be punished.
- Helping Ex-Offenders
Contribute to Society
- This year, more
than 600,000 inmates will be released from prison. Studies show
that, without intervention, approximately two-thirds will likely be
rearrested within three years of their release. The President has
proposed a four-year, $300 million initiative to reduce recidivism
and help released inmates contribute to their communities. The
initiative will harness the resources and experience of faith-based
and community organizations in providing job training and placement
services to 50,000 non-violent adult ex-offenders, transitional
housing for up to 30,000, and voluntary mentoring support for those
desiring it.
- Promoting Drug-Free
Communities
- After witnessing
eight years of Presidential inaction on the war against drugs during
the prior Administration, we applaud President Bush for his steady
commitment to reducing drug use among teens. The Administration
recently exceeded its two-year goal of reducing drug use among young
people. The most recent survey shows an 11 percent drop between 2001
and 2003 in the use of illicit drugs by teenagers. Among teens, some
drugs- such as LSD- have dropped to record-low levels of use. For
other drugs, we are seeing the lowest levels of use in almost a
decade.
- To continue this
progress, we must ensure that jail time is used as an effective
deterrent to drug use and support the continued funding of grants to
assist schools in drug testing. At the same time, we should make
drug treatment available to people willing to take the courageous
step of admitting they have a problem and working hard to overcome
it. The President's Access to Recovery (ATR) program is giving
individuals seeking drug treatment expanded access to effective
providers through a new voucher program.
- Leading the Fight
against HIV/AIDS - At Home and Abroad
- We recognize the
unique and special vulnerability of women and girls to HIV infection
from abusive and coercive behavior beyond their control and
encourage expanded efforts to address this problem through legal and
cultural reform. We also support more efforts to eradicate sex
trafficking and prostitution and their underlying causes.
- Supporting Humane
and Legal Immigration
- The Republican
Party supports reforming the immigration system to ensure that it is
legal, safe, orderly and humane.
- This
new program would allow workers who currently hold jobs to come out
of the shadows and to participate legally in America's economy.
- There
must be strong workplace enforcement with tough penalties against
employees and employers who violate immigration laws. We oppose
amnesty because it would have the effect of encouraging illegal
immigration and would give an unfair advantage to those who have
broken our laws.
- In
addition, Border Patrol agents now have sweeping new powers to
deport illegal aliens without having first to go through the
cumbersome process of allowing the illegal alien to have a hearing
before an immigration judge. We support these efforts to enforce the
law while welcoming immigrants who enter America through legal
avenues.
- Protecting Our Families
- Protecting Family
Privacy
- Identity theft
is one of the fastest growing financial crimes in our nation. Last
year alone, nearly 10 million Americans had their identities stolen
by criminals who robbed them and the nation's businesses of nearly
$50 billion through fraudulent transactions. The crime of identity
theft undermines the basic trust on which our economy depends. And
like other forms of stealing, identity theft leaves the victim
poorer and feeling terribly violated.
- We praise
President Bush and Republicans in Congress for passing the Fair and
Accurate Credit Transactions Act, which established a national
system of fraud detection so that identity thieves can be stopped
before they run up tens of thousands of dollars in illegal
purchases. Thanks to this law, victims can make one phone call to
report the crime to alert all three major credit rating agencies and
to protect their credit ratings. We further praise President Bush
and Republicans in Congress for passing the Identity Theft Penalty
Enhancement Act, which provides a real deterrent by toughening the
prison sentences for those who use identity theft to commit other
crimes, including terrorism. It reflects our government's resolve to
answer serious offenses with serious penalties. And we praise
President Bush for the broader effort he has waged to prevent
identity theft. The U.S. Postal Inspection Service, the FBI, and
Secret Service are working with local and state officials to crack
down on the criminal networks that are responsible for much of the
identity theft that occurs in America. The Federal Trade Commission
is training local law enforcement in the detection of identity theft
and has set up the ID Theft Data Clearinghouse, which keeps track of
complaints across the country and provides those records to
prosecutors seeking to take down organized identity theft rings.
- Protecting Children
from Obscenity and Exploitation
- We applaud the
Congress for passing, and the President for signing, the Protect
Act. As the President said, this law "will greatly assist law
enforcement in tracking criminals who would harm our children, and
will greatly help in rescuing the youngest victims of crime."
The law formally established a national Amber Alert coordinator in
the Department of Justice to help facilitate efforts to find missing
children. It also added important tools to fight child exploitation
by making obscene images of children, even those created with
computer technology, illegal. We agree that strengthening the laws
against child abuse will protect our children, help preserve the
family structure, and promote a healthy environment in which our
children can grow.
Republican Strong but
Fair Criminal Justice
Values
Administrative Policy Initiatives
Republican Sponsored Legislature
- 1996-04-24
— Antiterrorism and Effective Death Penalty Act, Pub.L. 104-132, 110 Stat.
1214
- April
30, 2003 — PROTECT (Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today) Act, including Illicit Drug
Anti-Proliferation Act, Pub.L. 108-21, 117 Stat. 650
- March
25, 2004 — Unborn Victims of Violence Act (Laci and Conner's Law), Pub.L.
108-212, 118 Stat. 567
- 2006-07-27
— Adam Walsh Child Protection and Safety Act, Pub.L. 109-248, 120 Stat.
587
Judicial Cases
Advocacy Organizations
Links of Interest
Related Issues and Relationship
If you wish to
sponsor this page, please subscribe. Then send us your banner ad
and it will appear here. |
|
If you appreciate this website please
consider contributing to keep it online. Recommend it to
your friends as well. |
|
|