Extemporaneous musings, occasionally poetic, about life in its richly varied dimensions, especially as relates to history, theology, law, literature, science, by one who is an attorney, ordained minister, historian, writer, and African American.
Tuesday, December 5, 2017
AMERICAN SLAVERY EXISTS
SLAVERY IS NOT ABOLISHED
"Duly convicted " is an operative phrase in the 13th Amendment .
The 13th Amendment abolished slavery and involuntary servitude , except for "crime" for which the alleged perpetrators have been "duly convicted." That means have been accorded Due Process and the Equal Protection of the Laws of the United States pertaining to the criminal process and procedures.
Due Process and Equal Protection include all of the other laws and Constitutional rights including the right to counsel, presumption of innocence, right to a fair, unbiased jury trial; right to confront and cross-examine the witnesses and accusers; right not to testify against oneself (self-incrimination); right to discovery of prosecution's evidence; right to a fair judge in a fair venue; and many more rights.
Based on the documented cases of "wrongly convicted" inmates and prisoners, as revealed by stories in the news in the thousands, it now appears that far too few carceral people have been "duly convicted!"
Not being "duly convicted" but having been confined unlawfully, some even executed, such persons were in effect "enslaved" in the prison and criminal justice system contrary, to the 13th Amendment of the United States Constitution.
So there are still "slaves"in the United States of America, the most in the world, by multiples, despite the bloody Civil War, despite the ratification of the 13th Amendment in 1866, despite the many state and federal court decisions that have touched tentatively upon it, before turning hurriedly away to other less controversial issues!
Slavery has not been abolished !