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Russell arrested 4/10/07

Started by Kat Kanning, April 10, 2007, 06:06 PM NHFT

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Recumbent ReCycler

#90
April 12, 2007, 07:36 PM NHFT
I was just reading the NH Constitution again, and it looks to me like Russell's arrest and imprisonment is in violation of Part First, Article 15
Quote[Art.] 15. [Right of Accused.] No subject shall be held to answer for any crime, or offense, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse or furnish evidence against himself. Every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defense, by himself, and counsel. No subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land; provided that, in any proceeding to commit a person acquitted of a criminal charge by reason of insanity, due process shall require that clear and convincing evidence that the person is potentially dangerous to himself or to others and that the person suffers from a mental disorder must be established. Every person held to answer in any crime or offense punishable by deprivation of liberty shall have the right to counsel at the expense of the state if need is shown; this right he is at liberty to waive, but only after the matter has been thoroughly explained by the court.

June 2, 1784
Amended 1966 to provide the right to counsel at state expense if the need is shown.
Amended 1984 reducing legal requirement proof beyond a reasonable doubt to clear and convincing evidence in insanity hearings.
and Part First, Article 18
Quote[Art.] 18. [Penalties to be Proportioned to Offenses; True Design of Punishment.] All penalties ought to be proportioned to the nature of the offense. No wise legislature will affix the same punishment to the crimes of theft, forgery , and the like, which they do to those of murder and treason. Where the same undistinguishing severity is exerted against all offenses, the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offenses. For the same reason a multitude of sanguinary laws is both impolitic and unjust. The true design of all punishments being to reform, not to exterminate mankind.

June 2, 1784
Amended 1792 deleting "those of" after do in 3d sentence and changing "dye" to: offenses.
and Part First, Article 33
Quote[Art.] 33. [Excessive Bail, Fines, and Punishments Prohibited.] No magistrate, or court of law, shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments.

June 2, 1784

I suspect that depending on the interpretation, it may be in violation of articles 19 & 22.
http://www.nh.gov/constitution/billofrights.html

error

#92
April 13, 2007, 06:29 AM NHFT
I'd love for driver licensing to be declared unconstitutional again. But what bureaucrat is going to kill that goose?

Tom Sawyer

#93
April 13, 2007, 08:48 AM NHFT
Sent off a couple of post cards to Russell. Hope he enjoys them.

Used this for an address.
Russell Kanning
160 River Rd S, Westmoreland, NH 03467

Updated the Action Item on the wiki with his address so folks can write him.

Posted at some of the forums that Dada posted the press release to. I am constantly amazed at the number of apathetic weiners there are that post on "libertarian" forums. It is understandable that folks don't "get" what people like Russell are doing... however the name callers, I think, are just covering for the fact that they aren't going to do anything to change things themselves. Negativism is a poison that effects our efforts. Oh no, it will never work. We need to purge ourselves of this defeatest nonsense. The powers that be propagate and count on people not doing anything to upset there apple cart.

What positive actions will you take to make ripples that can turn into waves.  :icon_pirat:

MaineShark

#94
April 13, 2007, 09:12 AM NHFT
Quote from: Kat Kanning on April 11, 2007, 03:55 PM NHFT
Quote from: dalebert on April 11, 2007, 03:49 PM NHFTI wonder how many people would have to be arrested, and held in jail for long periods of time after refusing to pay bail, using up space that may be needed for REAL criminals, before they would start to realize that it's really expensive to have a bunch of stupid petty laws. As long as everyone just goes along nicely and caves in, I'm sure it's actually profitable for them with fines and such.
Over a million drug offenders say 'not soon'.

Yeah, but most of them process.

What would happen if more followed Russell's example?  Just refuse to play along...

Might change things.

Joe

Tom Sawyer

#95
April 13, 2007, 09:27 AM NHFT
I think your right and the powers that be recognize it.

In these court proceeding I've witnessed, the need of the court to get you to "give away" some of your rights is essential to them being able to push the work load through the system. Some of the employees as much as admitted this to me... if people all stood on their rights their scheduling would get badly screwed up. Especially in drug cases... 95% never go to trial

cathleeninnh

#96
April 13, 2007, 01:02 PM NHFT
Don't grease the wheels of injustice!

Cathleen

Dave Ridley

#97
April 13, 2007, 01:05 PM NHFT
So here is my small condensed list of contacts on this:

Write Russell:  Cheshire County Jail 160 River Rd S, Westmoreland, NH 03467
Phone his jailers at the jail:   (603) 399-7794
Phone his captors:   Keene Police Dept.  357 9813

Other numbers and contact info welcome.

Quantrill

#98
April 13, 2007, 06:33 PM NHFT
QuoteIn these court proceeding I've witnessed, the need of the court to get you to "give away" some of your rights is essential to them being able to push the work load through the system. Some of the employees as much as admitted this to me... if people all stood on their rights their scheduling would get badly screwed up. Especially in drug cases... 95% never go to trial

Exactly!  Imagine what would happen if everyone went to trial, even for speeding tickets.  I've taken a few traffic tickets to trial and was usually the only one who did so.  I think it would be great if more people refused to take the "easy" way out.  Especially if you're savvy, you can find the procedures they don't follow and request a dismissal for things like Lack of Prosecution.  Make the bastards at least work for that money they're stealing from you!

While I'm not yet ready to give up paying property taxes and registering my car I admire Russell for what he's doing. 

Caleb

#99
April 13, 2007, 09:20 PM NHFT
Quote from: lordmetroid on April 12, 2007, 06:31 PM NHFT
Don't be delusional Tom... Of course they want be regreting anything!

Not as a whole.  But some of them individually might.

Tom Sawyer

#100
April 13, 2007, 09:57 PM NHFT
I've heard first hand accounts of DEA agents that busted a hospice of terminally ill people that wanted to quit there jobs because they couldn't handle terrorizing invalids.

Dave Ridley

#101
April 13, 2007, 10:29 PM NHFT
could someone put this on the Action Items page?

----

Support Russell Kanning, jailed until May 14, 07 for driving without a license

Write Russell:  Cheshire County Jail 160 River Rd S, Westmoreland, NH 03467
Phone his jailers at the jail:   (603) 399-7794
Phone his captors:   Keene Police Dept.  (603) 357-9813

thinkliberty

#102
April 13, 2007, 11:54 PM NHFT
Quote from: DadaOrwell on April 13, 2007, 10:29 PM NHFT
Support Russell Kanning, kidnapped and being held for ransom until he pays or May 14, 07 for exercising his right to travel, in a way that someone did not like, even though he was not hurting or endangering person or property.


There I fixed that for you ;)

Kat Kanning

#103
April 14, 2007, 02:25 AM NHFT
The jail website has been updated and it says Russell can have visitors  Monday 6pm to 8pm - All visits 1 hour per inmate.

John

#104
April 14, 2007, 03:33 AM NHFT Last Edit: April 14, 2007, 03:46 AM NHFT by John
1 hour total?  That's not much time considering how many of us would like to visit!
I hope I can make it out, and I'd totaly yield "my" time to . . . well you know.


(A draft) To the tune of "The Peaceful Rebel"

"At that prison in Westmoreland
As the seasons start to change
That the government keeps doing this
Begins to seem quite strange

There's a man within that prison
Who has not done any harm
But, the Police State is building
Now we're hearing the alarms

He doesn't carry papers
But they say "This will not do"
They just want to crush his Freedom
Then - they're coming after YOU

If you do not understand it - yet
It has happened all before
It is hauntingly familiar as
They watch him though a door

And you've heard about the build up
To the Crimes in Germany
By the prison in Westmoreland
You can see we are not Free
---
And if you don't like him
You won't like us either
We're tired of injustice
And from them we need to set our own selves Free!"

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