Public Order & Safety
I don't think the riots derailed the civil rights movement.
I grew up in the American South and came of age in the 1960s, an incredibly turbulent time. It was as if the seams of American life were being ripped apart with riots and protests.
I wouldn't attach too much importance to these student riots. I remember when I was a student at the Sorbonne in Paris, I used to go out and riot occasionally.
Proposed Public Order and Safety Law
The rights of the people to gather in peaceful protest, is guaranteed by the constitution. The rights of law abiding citizens to peace and safety must hold fast in times of turmoil, otherwise there's nothing left to save, once the riots have spent their energy. The power of choice is at the ballot box, it's not at the local CVS
Structural Changes Begin at the Federal Level
Leading up to this present time, the answer to "let them riot" has always been, "what is the value of 'stuff', when we can remake stuff, but we can't remake lives." This is where we need to begin. This is the flawed logic of the progressive left and is served up as an excuse to pander to their constituencies. It is a tax on the hard working, law abiding, citizenry. The Democrats institute policies and programs that lead to broken neighbor-hoods and broken hopes, then they un-cork the genie when the very stuff they broke, fails completely.
Since every failed metro-state in the US is run by Democrats, it is worth beginning this process from a "Uniform Central Process". Since the States and Cityies are unwilling to manage things, the priority of public safety needs to be managed by the Federal Government. For States that have this issue under control, it will not affect in the slightest
The Uniform Public Safety and Standards Act
Definitions
Public Safety
Public Safety can be understood simply as this:
It the right, guaranteed by the constitution of the United States, that every citizen has a right to equal protection under the law. The rights of the dispossessed are as important as the rights of those who haven't fallen victim to their surroundings.
I would argue, that public safety and security is an essential growth medium for the dispossessed to find relief. Without the courts and the criminal justice system functioning as they are intended, NONE of the rules that protect any of us, can be counted on to cure even the slightest wrong.
When States forsake public safety as a means to an end, then it's time for the the Federal authorities to step in and restore order. This "stepping in" is what is proposed in this article.
Conditions as a Prelude to STEPPING IN
IF any State exceeds these parameters, the Federal Government can institute a Federal Emergency Measures Response:
Parameters
- More than $10,000,000.00 in property damage and losses, within a 24 hour period, due to actions taken by rioters.
- 10 or more adult citizens hospitalized within a 24 hour period, due to actions taken by rioters.
- 4 or more deaths of adult citizens, within a 24 hour period, due to actions taken by rioters.
- 1 or more deaths of children, within a 24 hour period, due to actions taken by rioters.
- Property loss or damage at a grade school, middle school or high school.
- Property loss or damage at a hospital or public health facility. (Including but not limited to, a hospital, clinic, or other human care and treatment center.)
- Property loss or damage at a public safety building. (Including but not limited to a fire and rescue facility, police station, or public safety shelter.)
- Property loss or damage at any Military or National Defense Areas.
State Emergency Measures
Governors are required, under this law, to respond to all riots, with the following measures.
- Restore Order: This means that States are required to protect live and property to such an extent that people are again able to freely move without fear of being assaulted and that businesses are free to open without fear of property damage or loss.
- Prosecute Offenders: This means that the State no longer has discretion over whether to prosecute offenders. Rioters must be held accountable for their actions and pay restitution to their victims.
Federal Emergency Measures Response if State Emergency Measures are Not Complied With
- Mandatory reports to the US Attorney's Office: All states that fall under this provision, must report all prosecutions to the Office of the Attorney General for that State. The US Attorney's Office shall assist in prosecutions if there are not enough prosecutors to handle the case loads.
- The US BoP shall provide additional bed-space for people arrested under this provision.
- Federal Magistrates must help in adjudicating cases.
- US Marshals must assist in executing warrants.
- Marshal Law must be declared and the National Guard called upon to assist in restoring order and prosecuting offenders. This includes the assistance of National Guard Military Police and the National Guard Jag Corps.
State and Federal Preparations Required Under this Act
- All States must have a Provisional State Police Force made up of 2,000 US Army National Guard Military Police for each population center of 10,000,000 or less adults. Each US Army MP Guard Unit is required to certify all E-4 NCO's and above as "Provisional State Police Officers" and maintain these certifications for the tenure of their unit members, according to said State Police Standards and Practices.
- All States must have a National Guard Military Police Strength of 5000 US Army National Guard Military Police, for each population center of 10,000,000 or less adults. This MP Force is made up of Junior enlisted MP's with a rank of E-3 and bellow, must be trained and certified in all riot control disciplines and be ready for deployment on 24 hour notice.
Required Actions and Reactions
Actions
If the entitled parameters are exceeded, the President of the United States, at his/her sole discretion, shall certify to the public of any affected State under this provision, that the President is enacting Uniform Public Safety and Standards Act and is directing the Governor of that State to restore order.
Under said provisions, the Governor of the affected State shall declare a Federal Emergency and can issue, without contrary orders from any Regular Army Official or National Guard Commander not accountable to the Governor of that State, orders to restore order and prosecute offenders.
Failing to do so, opens the door to local attorney's being able to represent affected persons or businesses, in ANY CIVIL COURT, FEDERAL OR STATE, to sue the State for Damages and Penalties.
- Damages: Not to exceed 200% of the costs to replace or restore property. Not to exceed $100,000 for personal injury to an adult and not to exceed $1,000,000.00 for loss of life to an adult. Not to exceed $1,000,000.00 for injury to a child and not to exceed $10,000,000.00 for death of a child.
- Penalties: Penalties can be sued for, when a person or business suffers injury, death or loss, due to non-compliance with this act AND, gross dereliction, incompetence, or negligence in the performance of the provisions of this act. By "gross" it must be shown that a conscious and reckless disregard for the safety of others or the security of property was found by the court. Penalties must be an incentive for a State to swiftly and competently restore order. Penalties are not to exceed 200% of loss of income and $500,000 per person for injuries suffered. Penalties are not to exceed $10,000,000.00 per loss of life.
Protecting Life and Property During a Riot
Once a riot has commenced, citizens protecting their lives and or property may use up to and including the same force allowed by law under the provisions of the State's looting laws during natural disaster declarations. Citizens are immune from prosecution and civil suit if it is determined their actions to preserve life and property were consistent with those laws.
Conviction and Sentencing Provisions for Riots
IF a rioter is convicted of certain crimes while participating in a riot, then those convicted of said crimes are subject to additional fines and penalties.
- Felony Assault: An additional 2 years must be added to any felony assault, during a riot.
- Assault: If convicted of a misdemeanor assault, a minimum of 1000 community hours of service must be performed to the court's satisfaction. These hours must be devoted to any clean up and repair efforts. These hours must be compensated by the STATE, at minimum wage with 80% going towards helping the victims recover or to pay damages and penalties to the victims of the riot. Failing to serve 1000 community hours to the courts satisfaction will result in 1 year of jail for each count, to be served consecutively.
- Murder: IF charged with any degree of MURDER in conjunction with participating in a riot, it becomes a federal crime and the FBI must conduct the investigation, to the satisfaction of the trial judge. Failing to fully prosecute a case against a defendant, for murder during a riot, is a disbarment offence. Failing to properly adjudicate a federal rioting murder trial, through abuse of office, is a crime and a judge faces disbarment and other State and Federal penalties. IF found guilty of murder during a riot, it is automatically a death penalty case.
Burglary: An additional 2 years must be added to any felony burglary conviction during a riot.
Robbery: An additional 3 years must be added to any felony robbery conviction during a riot.
Looting: Victims can seek restitution for 20x the cost of the goods stolen.
Incitement: Inciting a riot that results in any of the provisions of this act, being invoked, shall result in a federal prosecution. If an institution or organization is found to be complicit, then the leaders of said organization or institution shall be prosecuted as an accessory to the worst crime committed by the rioters and made to contribute to all penalties and damages being paid to the victims. Up to and include the forfeiture of all assets and income to the victims.