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
Dgilna1948@yahoo.com
