Time to End “Judicial Deference”of Abuses of Justice Department and Bureau of Prisons
By Derek Gilna
We are all familiar with the many abuses carried out in the name of the “justice” system in the United States, but one of the most disappointing ones is the general reluctance of the judicial branch to control the abuses inherent in prosecutions and incarceration. The United States incarceration rate is ten times that of Western Europe and exceeds that of Russia and China, two countries the U.S. government often criticizes for abusive practices, by significant percentages.
Nonetheless, federal judges at the district court and appellate court levels often engage in highly convoluted reasoning in deferring to the Justice Department and the Bureau of Prisons in their operations, and refuse to grant the necessary relief. Supreme Court justices cite the “superior expertise” of the BOP in stating that judges have no business in closely regulating the prisons, but do not have the same reticence from injecting themselves into areas of American society not covered by the normal law school curriculum, including complicated technological and social issues. As such, they often have to be reminded to fulfill their constitutional duty to oversee the system and correct obvious wrongs. There has been progress, but more is needed.
I, for one, agree, unfortunately, that jail is sometimes the only solution for certain crimes of violence, but in other instances, it clearly is not. Prisons and jails owe their involuntary residents decent food, good medical care, and vocational training to get them in a position to “hit the ground running” when they complete their sentences. Too often prisoners are the victims of mental and physical abuse from their jailors, whose actions are often ignored by the courts.
There is a solution. It is to fight for your freedom, in a respectful fashion, utilizing the very system that got you where you are. I am dedicated to assisting you in that fight, and will use my many years of experience to win whatever relief is available. I have learned many things in those years, including that you are never defeated until you quit trying. Will you join me? If you agree, pass on this information to your fellow prisoners, your friends and your family. Thank you.
Derek A. Gilna
113 McHenry, #173
Buffalo Grove, Il 60089