Note: This ever evolving e-document awaits your refinements and proposed additions. Please email them to RefineThePlan@WeThePeopleNow.org
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This web site briefly introduces and provides the table of contents for the non-partisan Draft Plan to Humanely and Privately (Not Secretly) Prosecute Lawbreaker with Restorative Justice Opportunities for both Victims and Law Breakers
This Plan is item number 31 and a key element of the Common Agenda of the Universal, Common Strategic Plan for a Peaceful, Prosperous, Just and Sustainable World.
This plan provides strategies, procedures and sample documents to initiate and follow through with humane, private (not secret) prosecutions, civil suits and disgorgement actions against certain senior civil and military officials, legislators, judges and corporation executives who are violating the law. This plan uses the humane, constitutional, private, rehabilitative, reconciliatory and restorative justice, principles and practices described in the Plan to Reform Criminal Justice Systems Using Humane, Constitutional and Restorative Justice Principles and Practices, item #30 of the Common Agenda . These principles and practices should be used as soon as practicable in each case and during all phases of investigations, prosecutions and rehabilitation.
This plan and the plan to reform criminal justice will be refined and their primary features ultimately employed in all state, federal and international criminal prosecutions.
Objectives of this plan include:
- Helping perpetrators of crimes better understand the damage, suffering,
misery and other impacts of their crimes on their victims,
encourage/convince them to provide appropriate restitution to victims, be
apologetic, contrite and mend their ways.
- Ensuring the victims of crimes receive restitution, reparations and/or
disgorgement including having factories and land turned over to workers who
have been exploited and their rights violated.
- Ensuring perpetrators of crimes are rapidly rehabilitated and become
productive members of society.
- Ensuring the fair enforcement of the rule of law and equal justice for all.
- Builds on the past and
ongoing efforts of other organizations and individuals working on
prosecutions and civil law suits.
- Supplies a framework for those interested to list additional ideas, problems and solutions and to work with others to accomplish the solutions.
Today we have very lenient, almost nonexistent criminal justice for senior public and private sector officials and harsh criminal justice for the poor and lower middle class who cannot afford expensive attorneys. Whether or not individuals go to prison usually depends upon whether or not he or she can afford an expensive attorney who knows the judge.
Numerous official reports, books and articles describe the horrors, wastefulness and illegality of U.S. wars, assassinations, drone attacks, torture and abuse of detainees, spying, and massive financial crimes.
Charles Ferguson, Director of the Oscar winning documentary “Inside Job” and Author of “Predator Nation,” in a Huffington Post Article, describes the ingrained criminality of the financial sector:
It is no exaggeration to say that since the 1980s, much of the American (and global) financial sector has become criminalized, creating an industry culture that tolerates or even encourages systematic fraud. The behavior that caused the mortgage bubble and financial crisis was a natural outcome and continuation of this pattern, rather than some kind of economic accident.
Nader, Ralph in his book The Seventeen Solutions, states:
"because of corporate crime: … roughly 60,000 Americans die from workplace related diseases and trauma, 70,000 from air pollution, 100,000 from hospital negligence … another 100,000 from hospital induced infections … 45,000 because they cannot afford health insurance … these fatalities are preventable … the only way to stop them is to arrest the march of corporate crime” – Nader, Ralph, The Seventeen Solutions, page 160, HarperCollins Publisher Inc. New York, NY, 2012.
Yet, after untold years of these atrocities and despite hundreds of thousands of petitions, phone calls, emails demonstrations and “occupations”, not one high-ranking official that authorized and planned these illegal acts has been indicted and not one survivor of U.S. torture has succeeded in holding these officials accountable in a U.S. court for torture. (Costello, Colleen, Indefensible: A Reference for Prosecuting Torture and Other Felonies, Human Rights USA, January 2012. http://www.prosecuteofficials.org/indefensible_a_reference_for_prosecuting_torture.pdf)
Not only has the government not prosecuted any high level officials, it is subsidizing crimes and paying the banks for each foreclosures.
The supposed $26 billion settlement between the banks and federal government and 49 state attorney generals to address the banks criminal fraud, robo-signing and changing income and job history on mortgage applications without the applicant's knowledge actually became "mostly a bailout for large banks."
Refining and executing this plan and the rest of the Universal, Common Strategic Plan for a Peaceful, Prosperous, Just and Sustainable World will turn all this around.
A U.S. Attorney or local district attorney is required to obtain a grand jury indictment. Under the current top leadership, that is unlikely to happen. Since anyone with probable cause can go before a magistrate, magistrate judge or judge and swear out a criminal complaint, the initial approach will be to prepare affidavits in support of criminal complaints as outlined in Section V. C. Prepare Documentation for Filing Criminal Complaints.
The proposed approach includes getting to know the prosecutors and investigators as outlined in Section V. D. Liaison with Investigators/Prosecutors and Special Counsel If and When One Is Appointed. As you get to know them, discuss humane justice with them and get them to understand the damage that has been caused by not having a rule of law and allowing corporations to run the government. Provide them samples of proposed criminal complaints and affidavits that show probable cause and victim impact statements with John Does in place of actual names.
Interested organizations and individuals are requested to work together, help form an advisory board for this plan, and add everything that needs to be done to it. Recommendations can be made and items added by going to emailing Fisher@wethepeoplenow.org or faxing 703-521-0849.
Recommendations, comments and suggestions on all aspects of this plan are welcomed.
The below Table of Contents provides an outline of this Plan. Each item in the plan can be accessed by clicking on it.
Table of Contents of
the Plan to Prosecute
Lawbreakers with Restorative Justice Opportunities for Both Victims and