Tuesday, May 4, 2010

Advice from Mr. Hatter

Mr. Hatter,

I am so tired of liberals using race cards and using that issue to gain an advantage in society. The reason that Arizona made the Arizona Immigration Law was because without it, the only action that the state could take against an illegal alien was to turn them over to INS and we have seen what an effective job they have done. With this law, Arizona is saying that being an illegal alien in their State is now a State crime and can be prosecuted at the State level. The first offense is jail time up to 6 months and a fine of up to $2,500. This has nothing to do with racial profiling. It is a State exerting its rights to govern within their borders. That is a right given to them by the Constitution. If their law were illegal then this would be a different debate.

Our government has procedures now in place to prevent companies from hiring illegals so I don't feel industry is that big a problem. But day labor where a person goes to a gathering spot of illegals and hires a illegal for the day and pays whatever he wants to to paint a house or plant flowers is not fair to the illegal or to the legals here. That is a problem that fuels illegal immigration and I don't think anyone knows how to fix that issue I know I am not smart enough to. But I do know this bill in Arizona is not meant to harass or racial profile citizens. It is meant to provide the state law enforcement agencies the ability to do what our federal government has failed to do that is protect citizens from crime committed by illegals. There is a drug war raging between Mexican authorities and drug cartels on the south side of our border and it does spill over the border at times. If this war continues south of the border and our federal government does not protect its citizens on our side of our border then the states will have to do the job. The lack of the feds to do so is purely politics and the need to protect votes for both parties. That is a the true problem and is not right like I said maybe we should start arresting the politicians who do not uphold the oath they take when they are sworn in. 

Remember, they are not banning legal aliens or immigrants, just the ones that break the law to get here. Wrong is wrong. I came here legally, the others that come here should too.


Dear Legal,

I too do not begin to claim I have all the answers. I know about the rancher that was killed in Arizona after he caught drug traffickers n his land. There is a drug war going on, but I feel that has more to do with legalizing marijuana than chasing down illegal immigrants. Jobs are being given to illegal immigrants at poor wages. The jobs these workers are finding however are usually in poor conditions at poverty wages. Not the typical career that our fellow Americans look for in finding employment. These jobs are usually the worst of the worst. I think there needs to be a better program that is available that allows immigrants to come into this country and work for their visa. The problem is that the law that was past makes everyone look suspicious. If racial profiling isn't a part of this law, then just what is the definition of racial profiling? I mean isn't it when you look at someone and based on those looks pull them over and ask questions.....using looks as probably cause? Legal definition: Probable cause is a level of reasonable belief, based on facts that can be articulated, that is required to sue a person in civil court or to arrest and prosecute a person in criminal court. Before a person can be sued or arrested and prosecuted, the civil plaintiff or police and prosecutor must possess enough facts that would lead a reasonable person to believe that the claim or charge is true.

The probable cause standard is more important in Criminal Law than it is in Civil Law because it is used in criminal law as a basis for searching and arresting persons and depriving them of their liberty. Civil cases can deprive a person of property, but they cannot deprive a person of liberty. In civil court a plaintiff must possess probable cause to levy a claim against a defendant. If the plaintiff does not have probable cause for the claim, she may later face a Malicious Prosecution suit brought by the defendant. Furthermore, lack of probable cause to support a claim means that the plaintiff does not have sufficient evidence to support the claim, and the court will likely dismiss it.

In the criminal arena probable cause is important in two respects. First, police must possess probable cause before they may search a person or a person's property, and they must possess it before they may arrest a person. Second, in most criminal cases the court must find that probable cause exists to believe that the defendant committed the crime before the defendant may be prosecuted.

There are some exceptions to these general rules. Police may briefly detain and conduct a limited search of a person in a public place if they have a reasonable suspicion that the person has committed a crime. Reasonable suspicion is a level of belief that is less than probable cause. A police officer possesses reasonable suspicion if he has enough knowledge to lead a reasonably cautious person to believe that criminal activity is occurring and that the individual played some part in it. In practice this requirement means that an officer need not possess the measure of knowledge that constitutes probable cause to Stop and Frisk a person in a public place. In any case, an officer may not arrest a person until the officer possesses probable cause to believe that the person has committed a crime.

 Now on the home front, technically, I'd like to remind everyone that if you are Caucasian then your ancestry is from Europe, which makes your an immigrant. The people that are native to North America had their land stolen from them by immigrants. Is that what so many people are afraid of here? That our way of life will be taken over by yet another group of immigrants. The majority of people that fear about their God given rights to protect their borders have ancestors that came to the same shores and borders in search of a better life. Why would anyone want to leave THEIR country for OURS. Lets see... maybe opportunity. Maybe freedom. Maybe out of fear that their family will not survive another year of persecution in their home land. Poverty. Many sailed to this country before it was settled all those years before immigration laws for those very reasons.

No, I believe the issue is much greater than that. Racial profiling is another word for racism. Plain and simple. That is really what is being said. That is why Native Americans were stuck on reservations usually out in areas of poor agriculture in hopes of killing off a species. That is the reason we created concentration camps in WWII in order to round up all the oriental looking people. You could yell "Pearl Harbor!", but not one of those prisoners that were sent to American concentration camps flew a plane or bombed a US Navy vessel. It is why our country fought against equal rights for so many years. You can tell a woman she doesn't have the right to vote because she doesn't have a penis, even though she can compassionately make better decisions than a man. You can spray down with a hose a person of African descent if they yell for equal opportunity. You can try to humiliate them. You can beat them in order to try and repress their natural feeling to me human like you or me. But no matter how hard you beat a person, you can't beat the color off their back. Therefore, you can't beat down who they are and the pride that goes along with a persons heritage. And yet there is still small minded thinking in this country that believes that you can. People racing to the borders with guns to protect our homeland from strangers. Remember the Alamo? Oh wait... I lost my place... what side am I talking about again? I guess it is our schools fault for not teaching AMERICAN HISTORY the way it needs to be taught. If anything we can also learn from World History and what the Jewish people had to endure and overcome. They didn't show their green cards to authorities in Germany because they were already required to wear stars.

There are those that say we can't open our borders to just anybody. People come into this country illegally because they feel like they do not have many options otherwise. It is hard to obtain anything, especially citizenship, when you have nothing of your own (including a country that doesn't support you) to start out with. If we can create a system that allows immigrants to inter into this country and be productive American citizens, then I say why not.  We are all originally from other parts of the globe. We bring our cultures to this land and share our experiences with each other. That is what makes the UNITED States of America the ultimate dream of freedom for so many immigrants. It is the freedom of being able to live in our own skins without persecution.
What, other than appearance, would make a law enforcement official "reasonably suspect" that someone was here illegally? I think Arizona needs to rethink and come up with a better plan instead of a plan for attack.

Mr. Hatter


Dinah Bee Menil said...

Nice site, very informative. I like to read this.,it is very helpful in my part for my criminal law studies.

Keith Lee said...
This comment has been removed by the author.
Keith Lee said...

Thanks for reading. I only hope it is helpful to many others questioning the law or at least opens up more discussion.