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Description of UN SDG Target 16.5 TAP 30
Humanely and Privately Investigate, Negotiate Settlements With and if Necessary Prosecute
Alledged Lawbreakers. Provide Timely Care and Restitution for Victims, Rehabilitation for
Alledged Lawbreakers and Reconciliation and Restorative Justice Opportunities for
This web site provides a description, the table of contents of and easy access to the key elements of the nonpartisan. non-violent UN Sustainable Development Goal (SDG) Target 16.5 and Target Action Plan (TAP) 30 the Plan to Humanely and Privately (Not Secretly) Investigate, Negotiate With and if Necessary, Indict Alleged Lawbreakers with Timely Restitution for Victims, Rehabilitation for Lawbreakers and Restorative Justice for Both.
I, the primary compiler of this document, during the early years of my Navy career, my collateral duties included as a Universal Code of Military Justice (UCMJ) Summary Court-Martial Officer who essentially acts as the Judge, Defense Counsel, and Prosecutor for relatively minor infractions of the UCMJ. From this work, I learned that getting to know about the accused, counseling and encouraging them, keeping them busy at meaningful work, holding them accountable and issuing suspended sentences worked much better than punishing or incarcerating them. After many years of study, experience and reflecton, I now know that:
Punishment, the death penalty, incarceration, solidary confinement, etc. do not work and are counterproductive.
Some individuals must be "kept under supervision until they can safely be released"
Our lawyers and judges are not correcting lawbreakers, in particular the rich and powerful, who are obviously guilty
Criminal justice system must be reformed to reflect this..
Clarence Darrow proposed an outstanding approach for criminal justice: “All of those who for any reason cannot or do not adjust themselves to important rules,” that is have committed a crime “should be examined by experts to find out why it is and what can be done. They should be helped in every way possible. Regardless of what they have done they should be released when it seems safe; meantime they should be kept under supervision in kindness and sympathy instead of harshness. It is entirely possible that a person guilty of homicide could safely be set free in a short time, and that a sneak-thief or a beggar could never be changed or cured or released. Each individual should be considered by himself. To subject every inmate of prisons to the same treatment is like giving every hospital patient the same doses of medicine, or the same surgical operation, and, of course, however absurd this might seem to those who do not think, the time will come when something like this will take the place of the archaic, costly, and pernicious system that has long since been outworn.”
This plan provides principles, strategies, procedures and sample documents to initiate and follow through with humane, private (not secret) investigations and negotiations without putting individuals into the criminal system and /or prosecutions if necessary. along statements of demands, victim's impact statements, tort claims, disgorgement actions, etc. against alleged lawbreakers including certain senior civil and military officials, legislators, judges, private sector executives and other individuals who have allegedly violated the law while "treating them in kindness and sympathy instead of harshness" as espoused by Clarence Darrow
UN SDG TAP 29, the Plan to Humanely Reform Criminal Justice Systems and Prisons Using Timely Restitution, Truth and Reconciliation, Restorative Justice and Rehabilitation and Eliminate Punishment for all Crimes and Confinement for Nonviolent Crimes described on www.HumaneJustice.org proposes to replace punishment, confinement and retribution with timely restitution, restorative justice, reconciliation and rehabilitative principles and practices advocated.
It is recommended that both UN SDG TAP 29 and USP Document 30 be refined and their primary features ultimately employed in all local, state, federal, international and all other criminal investigations and prosecutions.
Principles of this Plan includes:
- All victims of crimes should be taken care of
immediately by the government and NGOs as appropriate and receive timely
restitution if and as appropriate from the lawbreaker
- The first principles of criminal justice are to
protecting individuals and their property from lawbreakers, prevent
crimes, restitution for victims of crimes and rehabilitating law
- Clarence Darrow recommended that as part of investigations,
alleged criminals "Should be examined by experts to find out why it is and what can
be done. They should be helped in every way possible."
- Crimes result from the failure of both the individual
not taking responsibility for his actions and the public and
private sectors not ensuring that all individuals have an adequate
education, employment opportunities, affordable necessities of life,
- Utilizing a humane private (not secret) criminal
and victim's statement of demand or tort claim for damages
- Using punishment, confinement, detention and public
shaming do not work, are counterproductive to rehabilitation, damage the
ability of the lawbreaker to pay restitution and should not be
- Lawbreakers who are a threat to society or to themselves
"should be kept under supervision
in kindness and sympathy instead of harshness" as stated by Clarence Darrow
- Lawbreakers should be encouraged and led to stay
busy, be responsible for their actions, be contrite and pay restitution
to their victims
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 Humanely and
Privately Investigate, Negotiate With and if Necessary Prosecute Lawbreakers
Objectives of Action Plan #30 Include:
- Ensure the public is
protected from criminal acts by keeping those who commit criminal acts
under supervision and doing meaningful work until they are fully
Ensure local, state, and federal government officials do a better
job of preventing crimes and enforcing the law in particular against
senior public and private sector officials
- Helping perpetrators of crimes better understand the
damage, suffering, misery and other impacts of their crimes on their victims,
their victims' families and communities and their own family and community
- Encourage/convince them to provide appropriate
restitution to victims, be apologetic, contrite and mend their ways
- Ensuring the victims of crimes receive timely 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 remain/become productive members of society
- Ensuring the fair enforcement of the rule of law and equal justice for all
We believe the best way meet these objectives include to:
- Recognize that punishment, criticizing in public, and
shaming in general do not work and if used may interfere with and slow restorative
justice and rehabilitation processes
Keep the criminal complaint sealed/private during the 90 or so days that the criminal indictment that goes before a grand jury is prepared. During this time, the accused will:
- Read and study the criminal complaint(s) and
victim impact statement(s) against him and gain an understanding of
the duress and horrors he has allegedly caused
- Engage in self-study and in group discussions
- Read and study the criminal complaint(s) and victim impact statement(s) against him and gain an understanding of the duress and horrors he has allegedly caused
- Be afforded the opportunity without admitting guilt to begin a rehabilitation program, be contrite, pay significant restitution,
apologize, and reconcile with his victims
- Be allowed to agree a deferred prosecution agreement or an "Alford’s plea", if he is not a threat to society and depending on his mind set
- Builds on the past and ongoing efforts of other public
and private sector organizations and individuals working on prosecutions,
civil law suits, and disgorgements.
- 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.humaneprosecutions.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 most foreclosures even if robo-signing was used and the foreclosure was illegal.
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 Massive Global Movement and Universal Strategic Plan for a Peaceful, Prosperous, Just, 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 are welcomed can be made and items added by emailing RefinethePlan@peoplenow.org or by faxing 703-521-0849.