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The UN SDGs and the Green New Deal

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DRAFT

UN SDG Targets 16.1., 16.2, 16.4, 16.5, 5.2 & 5.3 and TAP 30

TAP30 Humane Private Prosecutions: 

              Prevent crimes

              Provide timely and continuing care for victims of crimes

              End all bail bonds                                                                                   

              End and replace all punishments with restitution to be paid to victim(s) and fines, civil forfeitures, and/or community service while ensuring all their rights are protected

              Have qualified mental health clinicians examine the records of all alleged lawbreakers and have those that have committed serious crimes and/or are dangerous to themselves or others arrested and interviewed. Virtually interview other lawbreakers.

              Provide all lawbreakers with individual, personalized rehabilitation plans which outlines bad habits that should be ended, training in cooperation amount of restitution to be paid to their victim(s) and fines, civil forfeitures, and/or community service as appropriate.

              Release those who can safely be released ensuring that they have a job, the necessities for a decent life, a social network and become self-sufficient

              Provide those that cannot safely be released jobs at living wages and kept under supervision and/or committed until they can safely be released

              Treat all victims and alleged lawbreakers with kindness and sympathy

 (Updated June 18, 2021)

Please consider this plan as a work in progress and the lists in this document as open ended. Recommendations, comments and additional items, anonymous if you like, are welcomed and can be provided by email to lnfo@PeopleNow.org. Thanks.


TAP

30    Humane Prosecutions

  

30.1 Introduction

 

30.1.1  This Plan is the first of two Plans to reform criminal justice AND SHOULD BE READ FIRST. It focuses on alleged lawbreakers awaiting trial, those being prosecuted and ongoing and future investigations. The second plan, TAP 29 Humane Criminal Justice, focuses on individuals already in prison or jail. It also covers the procedures regarding preventing the spread of COVID-19 during humane private prosecutions.

 

30.1.2  This plan will speed up criminal prosecutions and quickly improve and speed up the rehabilitation of lawbreakers.

 

30.1.3  Attachment B provides the means for individuals to voluntarily correct and make amends for serious mistakes they have made and any possible crimes they have committed

 

30.1.4  The United States criminal justice system is an abject failure and this is well known: “America's criminal justice system, is a national disgrace with irregularities and inequities that cut against the notion that we are a society founded on fundamental fairness. Our prisons are massively overcrowded, waste billions of dollars and diminishing millions of lives” -- Senator Jim Webb, in his proposed 2009 Criminal Justice Commission Act

 

30.1.4.1    Our prisons today provide very little rehabilitation and should not be using solitary confinement or other forms of punishment.

 

30.1.4.2    Impeachment proceedings today are very divisive, lengthy, politicized, widely publicized and will probably not be successful much of the time as evidenced by recent impeachments.

 

30.1.4.3    Conventional investigation, warrants, arrests, grand juries, indictments, trials, expensive lawyers, paperwork, sentencing and appeals take years and are often unsuccessful.

 

30.1.5  Nothing in the Constitution states that presidents cannot be prosecuted. A federal prosecutor had Governor Blagojevich arrested, while sitting governor of Illinois. The Governor was then impeached and indicted on multiple counts and incarcerated.

 

30.1.6  There are no known genes that cause a person to be destructive or have a criminal mind. They learn this from their unknowing family members, their environment and society when they are very young.

 

30.1.6.1    Everyone needs to understand the damage that has been caused by some of our officials not enforcing the rule of law, allowing corporations to run the government and the wastefulness of the military industrial complex.

 

30.1.7  Recommend everyone read about the works of Alfred Adler, Clarence Darrow and other experts in paragraphs 30.5.3.2 through 3.5.3.6 below which show among many other things:

 

30.1.7.1    Punishment and imprisonment do not work.

 

30.1.7.2    Individuals who are dangerous to themselves or to others should be kept under supervision or committed.

 

30.1.7.3    Rehabilitation programs should include teaching lawbreakers to cooperate and to be involved with others

 

30.1.7.4    Getting to know about the accused, counseling and encouraging them, keeping them busy, holding them accountable, issuing suspended sentences if necessary and essentially negotiating with them, works much better than punishing or incarcerating them.

 

30.1.7.5    Our government is failing the several million individuals in our prisons and jails and those on parole, their victims and their families.

 

30.1.8  Interested organizations and individuals are requested to work together, form an advisory board for this plan, and add everything that needs to be done to it.

 

30.1.9  The below Table of Contents provides an outline of this Plan. Each item in the plan can be accessed by clicking on the page number.


Table of Contents

 

30.1 Introduction

 

30.2 Purpose

 

30.3 Objectives

 

30.4 Actions

    30.4.1  End all punishments and replace with restitution to be paid to victim(s), fines, civil forfeitures, and/or community service

    30.4.2  End all bail bonds

    30.4.3  Humanely and privately (not secretly) investigate alleged lawbreakers

    30.4.4  Have qualified mental health clinicians examine the records of all alleged lawbreakers and have those that have committed serious crimes and/or are dangerous to themselves or others arrested and interviewed. Virtually interview other lawbreakers.

    30.4.5  Provide all lawbreakers with individual, personalized rehabilitation plans which outlines bad habits that should be ended, training in cooperation and amount of restitution to be paid to their victim(s) and fines, civil forfeitures, and/or community service as appropriate.

    30.4.6  Release those who can safely be released ensuring that they have a job, the necessities for a decent life, a social network and become self-sufficient

    30.4.7  Provide those that cannot safely be released jobs at living wages in co-ops and kept under supervision and/or committed until they can safely be released

    30.4.8  Provide “stronger rights, protections, and services for crime victims” for which the National Center for Victims of Crime is advocating. This Center provides detailed information about current rights and services for crime victims and other relevant information.

    30.4.9  Prevent criminal activity and markedly reduce additional violence and crimes by providing jobs for everyone at living wages and eliminating poverty

    30.4.10     Compile and Maintain a Private, Prioritized List of Alleged Lawbreakers Who Should Be Investigated, Negotiated with and Possibly Humanely Prosecuted

    30.4.11     Organize Efforts

    30.4.12      Liaison with Investigators and Prosecutors

 

30.5 Background

 

30.5.1  Opinions and Recommendations of Authorities on Criminal Justice including the underlying causes of serious mistakes and crimes of individuals.

    30.5.1.1    Peter Joseph, Roxanne Meadows and Jacque Fresco

    30.5.1.2    Alfred Adler (1870-1937), renowned psychologist and founder of the school of individual psychology

    30.5.1.3    Willard and Marguerite Beecher, students of Alfred Adler and authors of the book 'Sin of Obedience.'

    30.5.1.4    Robert Hare, author of The Hare Psychopathy Checklist-Revised (PCL-R)

    30.5.1.5    Clarence Darrow (1857-1958), civil libertarian and advocate of the downtrodden

 

30.5.2  Today we have very lenient, almost non existent 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.

 

30.5.3  Definitions

 

30.5.4  Food for Thought for Those Reluctant to Help with Prosecutions

 

30.5.5  Conclusions

 

30.5.6  Pertinent References
30.5.6.1Public Mental Healthcare in Washington DC and Procedures for Emergency Admissions

    30.5.7.1    Procedures for Preparing Documentation for Humane, Private Investigations and Negotiations

    30.5.7.2    Sample Letter Requesting Humane Private, Investigations, Negotiations and if Necessary Indictments

    30.5.7.3    Essential Facts to Be Included in Charging Documents as Available

    30.5.7.4    Preparing Victim Impact Statements

    30.5.7.5    Sample Affidavit in Support of a Criminal Complaint

    30.5.7.6    Sample Spreadsheet Showing Campaign Donations to Legislators

    30.5.7.7    Sample Victim Impact Statement

    30.5.7.8    Format for a Combination Multi-Count Criminal Complaint, Affidavit in Support of a Criminal Complaint and Application for a Warrant

    30.5.7.9    UCMJ Charge Sheet for Private First Class Bradley E. Manning, U.S. Army, provided as a sample

    30.5.7.10  Complaint Filed with the I.C.C. by Professor Francis A. Boyle

    30.5.9  Attachment A - Hare Psychopathy Checklist

 ____________

 

30.2   Purpose

 

30.2.1      Provide strategies, procedures and sample documents to initiate, speed up and make criminal prosecutions and make prosecutions more humane. Quickly improve and speed up the rehabilitation of lawbreakers and follow through with humane, private (not secret), 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, reconciliation and restorative justice, principles and practices for non-violent crimes described in TAP 29 . These principles and practices should be used as soon as possible during all phases of investigations, prosecutions and rehabilitation.                            

 

30.2.2      This plan will be refined and should ultimately be employed in all state, federal and international criminal prosecutions.

 

30.3   Objectives                                                                    

 

30.3.1      Implement:

 

30.3.1.1   Target 16.1.1 End police violence, violence in prisons and all other forms of institutional violence and related deaths

 

30.3.1.2   Target 16.2 End abuse, exploitation, trafficking and all forms of violence against and torture of everyone in particular children and women

 

30.3.1.3   Target 16.4 As rapidly as possible, significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organized crime

 

30.3.1.4   Target 16.5 End corruption and bribery in all their forms

 

30.3.1.5   Target 5.2     Eliminate all forms of violence against all women and girls in the public and private spheres (sectors), including trafficking and sexual and other types of exploitation

 

30.3.1.6   Target 5.3     Eliminate all harmful practices, such as child punishment and physical and verbal abuse, early and forced marriage and female genital mutilation

 

30.3.2      Ensure victims of crimes are properly cared for, protected, have any lost property or assets immediately returned, receive timely restitution, reparations and/or disgorgement. Workers who have been exploited and their rights violated should receive all back pay and ultimately providing with portions of businesses, factories, land turned over to them for their use in co-ops and small businesses.

 

30.3.3      Help 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.

 

30.3.4      Help restore both the victims and perpetrators of crimes.

 

30.3.5      Ensure perpetrators of crimes are rapidly rehabilitated and become productive members of society.

 

30.3.6      Provide a framework for those interested to list additional ideas, problems and solutions and work with others to accomplish the solutions.

 

30.3.7      Inform and educate our public servants and the public on criminal justice procedures and their reform, war crimes, restorative justice and related subjects.

 

30.3.8      Ensure the fair enforcement of the rule-of-law and that we have equal justice for all.

 

30.3.9      Build on the past and ongoing efforts of other organizations and individuals working on prosecutions and civil law suits

 

30.3.10    Allow the participation of all interested individuals regardless of their knowledge of criminal justice procedures.

 

30.4   Actions

 

30.4.1      End all punishments and replace with restitution to be paid to victim(s), fines, civil forfeitures, and/or community service.

 

30.4.2      End all bail bonds

 

30.4.3      Humanely and privately (not secretly) investigate alleged lawbreakers

 

30.4.3.1   Humanely and privately (not secretly) investigate alleged lawbreakers and for those who have allegedly committed serious crimes, file under seal humane private criminal complaints charging them with a couple of crimes and listing all the other crimes that he/she has committed.                            

 

30.4.3.2   Treat all victims and alleged lawbreakers humanely, with sympathy and understanding and ensure all the rights of the accused as outlined in the Constitution (Salient Rights), the International Covenants on Human Rights and other laws are strictly protected during all phases of the criminal justice process. Also, allow them to stay in appropriate contact with their families, minor children and spouses even if it is necessary to keep them under supervision.

 

30.4.4      Have qualified mental health clinicians examine the records of all alleged lawbreakers and have those that have committed serious crimes and/or are dangerous to themselves or others arrested and interviewed. Virtually interview other lawbreakers.

 

     30.4.4.1   Try to get lawbreakers to understand why they did what they did. If necessary, keep them under arrest or committed until they can safely be released.

 

30.4.5      Provide all lawbreakers with individual, personalized rehabilitation plans which outlines bad habits that should be ended, training in cooperation and amount of restitution to be paid to their victim(s) and fines, civil forfeitures, and/or community service as appropriate.

 

30.4.5.1   Have qualified clinicians utilize the Robert D. Hare Psychopathy Checklist-Revised (PCL-R) to examine alleged lawbreakers  

 

30.4.5.2   Have qualified mental health clinicians and correction officials:

 

30.4.5.2.1     Determine why at times they exhibit inappropriate behavior and determine what should be done to help correct such behavior

 

30.4.5.2.2     Determine the amount of restitution to be paid to those they have damaged, fines and civil forfeitures for and any specific treatment they require. Alleged lawbreakers who have deprived others of their property or livelihood or contributed to their injury, illness or death shall compensate and/or pay restitution to their victims and pay fines and/or provide public service.

 

30.4.5.2.3     Determine the impact of the habits they developed at a very young age, their background and accomplishments

 

30.4.5.2.4     Ensure the individual rehabilitation plan being developed for all alleged lawbreakers outlines what needs to be done to help correct their behavior, make amends for their transgressions and educate them in particular in cooperation and common sense (sense of community) and ultimately quickly help them become productive members of their community and society.

 

30.4.5.3   Have all alleged lawbreakers:

 

30.4.5.3.1     Self-administer The Hare Psychopathy Checklist-Revised (PCL-R), in Attachment A - section 30.10.15, to help them identify bad habits and get rid of them as much as possible.

 

30.4.5.3.2     Participate in reading/study group discussions, be educated on the severity of alleged crimes, mental and emotional health problems, bad habits and the major elements of restorative justice. These major elements include taking steps to repair harm, e.g., being contrite and apologizing, paying restitution and providing assistance to victims.

 

30.4.5.3.3     Recognize the errors in their ways and the underlying causes of why they did what they did.

 

30.4.5.3.4     Be provided the opportunity and encouraged, as appropriate, to apologize and pay restitution on their own initiative.

 

30.4.5.3.5     Rehabilitate themselves by ending their bad habits. The fourth paragraph on Page 50 of Sin of Obedience states: "the only way to eliminate an old habit is simply to stop it by setting up a new climate of conditioning in which the old habit cannot grow but will give encouragement to forms of new self expression in new areas."

30.4.5.3.6     Qualified mental health clinicians and correction officials:

 

30.4.5.3.7     Provide opportunities for individuals alleged to have committed crimes to voluntarily apologize and pay appropriate restitution to their victims, the victims' family members and communities without admitting guilt.

 

30.4.5.3.8     Release those who can safely be released ensuring that they have a job and the necessities for a decent life

 

30.4.5.3.9     Keep others under arrest and/or have them committed until they can safely be released and provide them jobs at living wages in co-ops

 

30.4.5.3.10   Lawbreakers who do not apologize and agree to pay appropriate restitution will be indicted and tried in absentia as necessary.



 

30.4.6      Release those who can safely be released ensuring that they have a job, the necessities for a decent life, a social network and become self-sufficient

 

30.4.7      Provide those that cannot safely be released jobs at living wages in co-ops and kept under supervision and/or committed until they can safely be released

 

30.4.8      Provide “stronger rights, protections, and services for crime victims” for which the National Center for Victims of Crime is advocating. This Center provides detailed information about current rights and services for crime victims and other relevant information.

 

30.4.8.1   Ensure victims of crimes are properly cared for, protected, have any lost property or assets immediately returned and receive timely compensation, restitution, reparations and/or civil forfeitures                     

 

30.4.8.2   Treat all victims and alleged lawbreakers humanely, with sympathy and understanding.

 

30.4.9      Prevent criminal activity and markedly reduce additional violence and crimes by providing jobs for everyone at living wages and eliminating poverty

 

30.4.9.1   Keep ongoing crimes from getting worse. Anyone having knowledge of the planning of a crime should take appropriate actions to stop the plan and prevent the crime.

 

30.4.9.2   Teach caring for, cooperating with and encouraging one another to all age groups, in particular very young children, inmates and anyone who exhibits non-social traits. This can be taught “by example,” with games and group sessions. It should be exercised and practiced to be successful as possible.

 

30.4.9.3   Teach caring for, cooperating with and encouraging one another to all age groups, in particular very young children, inmates and anyone who exhibits non-social traits. This can be taught "by example," with games and group sessions. It should be exercised and practiced to be fully developed.

 

30.4.9.4        As rapidly as possible:

 

30.4.9.5   Provide Both Jobs at Living Wages and Affordable Necessities of Life for All (TAP #1) including those being released from and in prisons. Citizens United for Rehabilitation of Errants (CURE) has a detailed approach to prisoner employment at http://curenational.org/prison-employment.html.

 

30.4.9.6   Provide Both Expanded and Improved Healthcare for All (TAP 11) including behavioral health and group therapy for the accused, defendant and those incarcerated,

 

30.4.9.7   Parents use encouragement techniques and end all punishment of children

 

30.4.9.8   Stop "sending the mentally ill to prison. Nearly all mentally ill persons can and should be treated on the outside, not in cages that exacerbate their problems. Community treatment, . . . could save millions every year.

 

30.4.9.9   If the government has probably cause of all the elements of a crime, a judicial authority can issue a summons or arrest warrant. Otherwise the government must cease all spying on the people, infiltrations of families and groups, entrapment actions and collection of data on individuals or organizations.

 

30.4.9.10 Hire additional counselors and rehabilitation and probation officers.

 

30.4.9.11 End the war on drugs. Legalize all drugs and control their production, sale and distribution while providing jobs, encouragement, drug education, counseling and appropriate treatment in lieu of criminal justice procedures.

 

30.4.9.12 Provide "stronger rights, protections, and services for crime victims" for which the National Center for Victims of Crime is advocating. This Center provides detailed information about current rights and services for crime victims and other relevant information.      

 

30.4.10    Compile and Maintain a Private, Prioritized List of Alleged Lawbreakers Who Should Be Investigated, Negotiated with and Possibly Humanely Prosecuted

 

30.4.11    Organize Efforts

 

30.4.11.1 Share an existing or establish an office in the Washington, D.C. area to prepare documentation and coordinate the accomplishment of this plan and the strategy and plans described on www.PeopleNow.org.

 

30.4.11.2 Continually update and maintain:

 

30.4.11.2.1   A detailed list of organizations and individuals working on or interested in various aspects of humane prosecutions and related legal matters

 

30.4.11.2.2   A library of relevant publications and information for those seeking information.

 

30.4.11.3 Provide means for those who wish to remaining anonymous to submit information and documentation without revealing their identity.

 

30.4.11.4 Request the appointment of a Task Force of investigators and prosecutors and the establishment of a permanent Grand Jury in the Washington DC area.

 

30.4.12     Liaison with Investigators and Prosecutors

 

30.4.12.1 Contact and liaison with the investigators and prosecutors: federal investigators are usually FBI agents, federal prosecutors - U.S. attorneys, local investigators - normally police department detectives and local prosecutors- district attorneys.

 

30.4.12.2 Get to know them and as appropriate, review and discuss this plan, the SDGs, humane justice and the damage that has been caused by some of our officials not enforcing the rule of law and allowing corporations to run the government.

           

30.4.12.2.1   Obtain their office address, e-mail address and phone and fax numbers. Establish a working relationship with them. The Sample Intro Letter to Investigators and Prosecutors which requires refinements may be adapted to help with this.

 

30.4.12.2.2   Obtain facilities for both restorative justice type prosecution and reconciliation efforts for the victims and alleged perpetrators of crimes.

 

30.4.12.2.2.1      Provide victims the opportunity to voluntarily conference/meet with those who perpetrated crimes against them and to receive restitution and reasonable reparation from the perpetrators and the U.S. Government.

 

30.4.12.3 As lessons are learned, refine/correct the documentation and processes.

 

30.4.12.3.1.1      The International Criminal Court should be strengthened and be able to try individuals who have committed serious crimes and cannot be arrested in absentia. Judge Baltasar Garzon, an internationally known Spanish judge tried to extradite former Chilean dictator Augusto Pinochet, and explored criminal action against six former Bush administration officials for the torture of Spanish citizens at the U.S. prison at Guantanamo Bay under “universal jurisdiction.” Garzon has been wrongfully suspended from the bench and now doing some work for the I.C.C.



 

30.4.12.4 Teach caring for, cooperating with and encouraging one another to all age groups, in particular very young children, inmates and anyone who exhibits non-social traits. This can be taught “by example,” with games and group sessions. It should be exercised and practiced to be fully developed.

 

30.4.12.5 As rapidly as possible:

 

30.4.12.5.1   Provide Both Jobs at Living Wages and Affordable Necessities of Life for All (TAP #1) including those being released from and in prisons. Citizens United for Rehabilitation of Errants (CURE) has a detailed approach to prisoner employment at http://curenational.org/prison-employment.html.

 

30.4.12.5.2   Provide Both Expanded and Improved Healthcare for All (TAP 11) including behavioral health and group therapy for the accused, defendant and those incarcerated,

 

30.4.12.5.3   Parents use encouragement techniques and end all punishment of children

 

30.4.12.6 Stop “sending the mentally ill to prison. Nearly all mentally ill persons can and should be treated on the outside, not in cages that exacerbate their problems. Community treatment, . . . could save millions every year 1.

 

30.4.12.7 If the government has probably cause of all the elements of a crime, a judicial authority can issue a summons or arrest warrant. Otherwise the government must cease all spying on the people, infiltrations of families and groups, entrapment actions and collection of data on individuals or organizations.   

 

30.4.12.8 Hire additional counselors and rehabilitation and probation officers.

 

30.4.12.9 End the war on drugs. Legalize all drugs and control their production, sale and distribution while providing jobs, encouragement, drug education, counseling and appropriate treatment in lieu of criminal justice procedures.

 

30.4.12.10    Provide “stronger rights, protections, and services for crime victims” for which the National Center for Victims of Crime is advocating. This Center provides detailed information about current rights and services for crime victims and other relevant information.

 

30.4.12.11    If they are a danger to themselves or others they must be kept under supervision or committed as appropriate.

 

30.5   Background

 

30.5.1      Opinions and Recommendations of Authorities on Criminal Justice including the underlying causes of serious mistakes and crimes of individuals.

 

     30.5.1.1   Peter Joseph, Roxanne Meadows and Jacque Fresco provided the following in chapter 7 of The Zeitgeist Movement - Observations and Responses, February 2009:

 

     30.5.1.1.1     The legal system today is a massive social distortion that does not take into account the environmental influences of a supposed “criminal”. Human behavior is a product of the environment. It is the environment that really creates our values and behavior. There is no fixed, predetermined ‘human nature’. Our values, methods and actions are developed and derived from our experiences. Therefore, since it is the environment that influences our behavior itself, if we find patterns of behavior in our society that are socially offensive and abusive, we should look to the environment to figure out why those behaviors manifest to begin with.

 

     30.5.1.1.2     If 120,000 people can come together to build a nuclear bomb, as was done with the Manhattan Project in the late 1930s, there is no reason why we cannot come together and use human ingenuity to accomplish incredible social achievements for the betterment of humanity. It is time we unleash our ‘Weapons of Mass Creation’ (WMCs) unto the world. It is time we take responsibility for each other and ourselves. We have the knowledge, means and initiative to devise an entirely new social architecture that can create a world we actually enjoy and flourish in.

 

30.5.1.2   Alfred Adler (1870-1937), renowned psychologist and founder of the school of individual psychology. The following is from Adler’s book What Life Could Mean to You 2.

 

     30.5.1.2.1     Individual Psychology can help us recognize all the various types of human beings and understand that, despite this variation, human beings are not remarkably different from one another. We find, for example, the same kind of failures exhibited in the behavior of criminals as in that of problem children, neurotics, psychotics, suicides, alcoholics and sexual deviants. They all fail in their approach to the problems of life; and, in one very definite and noticeable area .. in precisely the same way: every one of them fails in social interest; they are not concerned with their fellow human beings. Even here, however, we cannot distinguish them from other people. No one can be held up as an example of perfect cooperation or perfect social feeling, and criminals only differ from the common run in the severity of their failure.

 

     30.5.1.2.2     Corporal [All] punishment is ineffective because it only confirms to criminals that society is hostile and impossible to cooperate with. Something of this sort happened to individuals who became criminals, perhaps, at school. They were not trained to cooperate and so they did their work badly, or misbehaved in class. ... They feel that people are against them. ... The children lose whatever shreds of confidence they had. They are not interested in their schoolwork, their teachers or their school friends. They begin to play truant and to hide where they cannot be found. In these places they find other children who have had the same experience and have taken the same road. ... , since they are not interested in the social demands of life, they see these other children as their friends and society in general as their enemy. These people like them and they feel better in their company. It is in this way that thousands of children join criminal gangs, ... if in later life, we treat them in the same way, this will only bear out their view that we are their enemies and only criminals are their friends.

 

30.5.1.2.3     There is no reason at all why such children should be defeated by the tasks of life. We should never allow them to lose hope and we could prevent this very easily if we organized our schools so that such children were given confidence and courage.

 

30.5.1.2.4     Corporal punishment is ineffective for other reasons too. Many criminals do not value their lives very highly. Some of them are very near suicide at certain moments of their lives. Corporal or even capital punishment holds no terrors for them.

 

30.5.1.2.5     ... No one need be defeated by the problems of life. Criminals have chosen the wrong way of dealing with them; we must show them where they have made the wrong choice and why, and we must develop in them the courage to be interested in others and cooperate.

 

30.5.1.2.6     I would like to emphasize that this ability to cooperate must be learned. There is no question of its being hereditary. There is a potential for cooperation, and this potential must be regarded as inborn, but it is common to every human being, and to be developed it must be trained and exercised. All other points of view about crime seem to me irrelevant, unless we can produce evidence of people who were trained in cooperation but still became criminals.

 

30.5.1.2.7     The value of cooperation can be taught in the same way that geography can be taught, for it is a truth and we can always teach the truth. ... All our problems require a knowledge of cooperation.

 

30.5.1.2.8     ... We know, therefore, exactly what we must do: we must train criminals in cooperation.

 

30.5.1.2.9     ... we ought to make it possible for everyone who wants to work to secure a job. This would be the only way to realize the demands of life in our society so that a great part of humankind would not lose the last remnants of their ability to cooperate. There is no question at all that if this were done the number of criminals would go down.

 

30.5.1.2.10   We should also avoid in our society everything that can act as a temptation to criminals or to poor and destitute people. If great extremes of poverty and luxury are apparent, it offends those who are badly off and incites them to envy. We should, therefore, cut down on ostentation: it is not necessary to flaunt one’s wealth.

 

30.5.1.2.11   It would be very helpful if we increased our efforts to improve our crime-solving record. As far as I can see, at least forty per cent of criminals, and perhaps far more, escape detection, and this fact is always at the back of every criminal’s mind. ...

 

30.5.1.2.12   ... Criminals should never be threatened. It is also important that criminals should not be humiliated or challenged either in the prison itself or after they leave prison.

 

30.5.1.2.13   It would be much better if we were more discreet and did not mention the names of criminals or give them so much publicity. This implies that before indictments are made public, criminal proceedings and the documentation should be kept private and discreet – not revealed or “leaked” to the public.

 

30.5.1.2.14   An increase in the number of probation officers would be useful, if the right type of person is appointed; and probation officers themselves should be taught about the problems of society and the importance of cooperation.


 

30.5.1.3   Willard and Marguerite Beecher, students of Alfred Adler and authors of the book 'Sin of Obedience.' This book provides excellent information about bad habits which includes:

 

30.5.1.3.1     Apparently, the underlying cause of people making serious mistakes or committing crimes is usually due to bad habits that they developed in their early childhood from their parents, siblings, conditions, environment, etc. However, now that they are all adults they are accountable for their actions and decisions.

 

30.5.1.3.2     In Chapter 18 (page 104) titled "Is It Need or Greed That Drives You?" explains why billionaires think they need more money.

 

30.5.1.3.3     In the first full paragraph and the following paragraph on page 50 beginning with "The first imprinting on our nervous system…" explains how bad habits originate.

 

30.5.1.3.4     All of chapter 11 “Oblique Hostility,” in particular the following three items:

 

30.5.1.3.4.1  The second paragraph on page 57 beginning with "Individuals … on the useful side of life… have a feeling of 'live and let live' " describes one way that people with good habits act.

 

30.5.1.3.4.2  The last paragraph on page 57, Figure 1 and first paragraph on page 58 describes the “Superiority-Inferiority Complex” and the idea that we are all equal.

 

30.5.1.3.4.3  The information about Forward-Moving Words and Moving-Away-From Words on page 70   explains the difference between good and bad habit.

 

30.5.1.3.4.4  The information about "Group Therapy" beginning on the third paragraph on page 74 which would be very useful in reforming criminal behavior such as those of an entire Administration.

 

30.5.1.3.4.5  The fourth paragraph on Page 50 of Sin of Obedience explains how lawbreakers can be rehabilitated by ending their bad habits and states: “the only way to eliminate an old habit is simply to stop it by setting up a new climate of conditioning in which the old habit cannot grow but will give encouragement to forms of new self expression in new areas.”

 

30.5.1.3.5     There are several other very helpful chapters in Sin of Obedience.

 

30.5.1.3.5.1  Chapter 4 “Democracy” proves that there has been very few pure democracies.

 

30.5.1.3.5.2  Chapter 5 describes “The Problem of the Twentieth Century” as poverty in the midst of plenty and provides solutions.

 

30.5.1.3.5.3  Chapter 7 “What Is The Force That Heals?” The answer is common sense which is “Sense of Community.”

 

30.5.1.3.5.4  Chapter 8 “Cooperation: What Does It Mean?” provides a working guide to cooperating.

 

30.5.1.3.5.5  Almost all the other chapters are very meaningful as are the other three books written by the Beechers which can be purchased from the Beecher Foundation. Also, please make a donation to the Beecher Foundation Willard & Marguerite Beecher Foundation, 5500 Hampshire Dr., McKinney, TX 75070, 214 980-3213 for keeping these books alive.

 

30.5.1.4   Robert Hare, author of The Hare Psychopathy Checklist-Revised (PCL-R), Attachment A, a diagnostic tool used to rate a person's psychopathic or antisocial tendencies, is an excellent source for addressing the more challenging "habits."

 

30.5.1.4.1     Robert D. Hare, Ph.D., is the author of Without Conscience and the creator of the standard tool for diagnosing psychopathy. He is an emeritus professor of psychology at the University of British Columbia, and president of Darkstone Research Group, a forensic research and consulting firm. He has won numerous awards for his research, lectures widely on psychopathy, and consults with law enforcement organizations, including the FBI. He lives in Vancouver, British Columbia, with his wife.

 

     30.5.1.5   Clarence Darrow (1857-1958), civil libertarian and advocate of the downtrodden. In his book The Story of My Life 3. In this book, Clarence Darrow stated, “On my return from Europe I was deeply grieved and somewhat surprised to see the cruel results of the steady and unscientific campaign against crime. The whole movement was directly in conflict with modern psychology and, in fact, with all the teachings of science. In this book, Darrow also proposed the following outstanding strategy for criminal justice:

 

30.5.1.5.1     All of those who for any reason cannot or do not adjust themselves to important rules, [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.

 

30.5.1.5.2     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.

 

30.5.1.5.3     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. [There a about a dozen different psychological disorders]

 

30.5.1.5.4     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.

 

30.5.1.6   There are no known genes that cause a person to be destructive or have a criminal mind. They learn this from their unknowing family members, their environment and society when they are very young.

 

30.5.2      Today we have very lenient, almost non existent 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 and who knows the judge.

 

30.5.2.1   Concept of the Month: The Armed Bank Robber and the Corporate Crook are One and the Same. Despite possible differences in background and the difference in modus operandi of the crime, the mentality of a person who robs a bank and a corporate executive who perpetrates fraud is the same. Both pursue power and control at the expense of others. Both are able to shut off considerations of consequences and considerations of conscience. Neither has an operational concept of injury to others. Neither puts himself/herself in the place of others. There are numerous other thought patterns common to both. Furthermore, the offense for which either is caught more likely than not represents only the tip of the iceberg of each offender's irresponsibility and illegal conduct. Both know the laws, calculate carefully so they can succeed at their objectives. Both experience excitement at each phase of the crime -- from the initial idea through the execution of the act(s) itself (themselves). If apprehended, each will case out those who hold them accountable and feed them what they think they want to hear or ought to know. And they will try to dispel responsibility by implicating or outright blaming others. By Dr. Stanton E. Samenow, http://www.samenow.com

 

30.5.2.2   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.

 

30.5.2.3   Yet after years of these illegalities and despite hundreds of thousands of petitions, phone calls, emails, demonstrations and now “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. 4

 

30.5.2.4   One of the “torture lawyers” – the authors of the memorandums that wrongfully and unlawfully authorized torture – is a federal judge. Another is teaching law at a prestigious law school.

 

30.5.2.5   Not only has the government not prosecuted any high level officials, it is subsidizing crimes and paying for foreclosures. The supposed $26 billion settlement between the federal government and 49 state attorney generals with major banks to address their criminal fraud, robo signing and changing income and job history on mortgage applications without the applicants knowledge actually became mostly a bailout of the large banks. This settlement:

      

30.5.2.6   Provides minimal if any compensation for the hundreds of thousands of families who have literally had and are having their homes stolen.

 

30.5.2.7   Will not prevent or stop one foreclosure but will instead allow the banks to accelerate the pace of foreclosures which are increasing significantly. (Fannie Mae, Freddie Mac and the Federal Housing Authority, government-controlled institutions, have funneled approximately $200 billion to the banks through their silent bailout that occurs with every foreclosure.)

 

30.5.2.8   Contains a broad release of the banks' conduct related to mortgage loan servicing, foreclosure preparation, and mortgage loan origination services. Claims based on these areas of past conduct by the banks cannot be brought by state attorneys general or banking regulators.

 

30.5.2.9   Will be subsidized in part by U.S. taxpayers via a clause in the provisional agreement which make most of the $26 billion settlement, in fact a bailout for them.

 

30.5.2.10 Instead of making them pay the price for their actions, our public servants have given, loaned or guaranteed Wall Street over $3 trillion while every day Americans are still struggling to make ends meet.

 

30.5.2.11  By pushing bad loans and peddling risky mortgage-backed securities as safe investments, these banks aided by our public servants have cost the world economy at least $7.7 trillion.

 

30.5.2.12 Their widespread fraud and corruption also cost millions of hardworking Americans their jobs, their homes, and their shot at the American Dream.

 

30.5.2.13 Our public servants have not provided any meaningful responses to numerous petitions, letters, and requests for investigations, hearings, impeachments and special prosecutors to investigate and prosecute these crimes.

 

30.5.2.14 Refining and executing this plan will turn all this around by helping to coordinate the efforts of the many individuals and organizations working on this and by providing strategies, procedures and sample documents to initiate and follow through with humane, private (not secret), prosecutions of civilian and military officials, legislators, judges, corporation executives and others who have broken the law and encourage/convince them to provide appropriate restitution to victims, be apologetic, contrite and mend their ways.

 

30.5.2.15 Michael Haas, in his book George W. Bush, War Criminal? alleges that members of the G. W. Bush administration committed 269 war crimes, which are described on Haas' website www.USWarCrimes.com. Haas' newer book, America's War Crimes Quagmire From Bush to Obama, provides descriptions of alleged war crimes by the Obama administration.

 

30.5.2.16 Human Rights USA and American University Washington College of Law International Human Rights Law Clinic released a report, Indefensible: A Reference for Prosecuting Torture and Other Felonies (http://www.prosecuteofficials.org/indefensible_a_reference_for_prosecuting_torture.pdf) This report serves as a practitioner's reference addressing the domestic and international laws implicated by the actions of high-ranking government officials. The report lays the groundwork for litigation against those responsible for approving and using illegal interrogation techniques.

 

30.5.2.17 Charles Ferguson, Director of the Oscar Winning Documentary "Inside Job" and Author of "Predator Nation," in a Huffington Post Article, states:

 

30.5.2.18 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.

 

30.5.2.19  It is important to understand that this behavior really is seriously criminal.

 

30.5.2.20 There have been very few prosecutions and no criminal convictions of large U.S. financial institutions or their senior executives.

 

30.5.2.21 The mortgage bubble and financial crisis were facilitated not only by deregulation but also by the prior twenty years' tolerance of large scale financial crime. ... [T]he absence of prosecution gradually led to a deeply embedded cultural acceptance of unethical and criminal behavior in finance ... and ... generated a sense of personal impunity; bankers contemplating criminal actions were no longer deterred by threat of prosecution.

 

30.5.2.22  The settlement between the federal government and 49 state attorneys general with Bank of America, Citigroup, JPMorgan Chase, Wells Fargo and Ally Financial; "to address mortgage loan servicing and foreclosure abuses" (Department of Justice, Feb. 9) while acknowledging the massive fraud perpetrated by these institutions in carrying out foreclosures, provides minimal compensation for the hundreds of thousands of families who have lost their homes.

 

30.5.2.23  The $25 billion settlement will not prevent or stop one foreclosure. Instead, it is projected that the banks, with the settlement behind them, will actually accelerate the pace of foreclosures in 2012. (Global Finance News, Feb. 11) In 2011, a whopping 2.7 million foreclosure filings were reported in the U.S. (RealtyTrac, Jan. 12) This figure will likely rise significantly this year.

 

30.5.2.24  The proposed Release contains a broad release of the banks' conduct related to mortgage loan servicing, foreclosure preparation, and mortgage loan origination services. Claims based on these areas of past conduct by the banks cannot be brought by state attorneys general or banking regulators

 

30.5.2.25  Financial Times reported that U.S. taxpayers will subsidize part of the $26 billion settlement owed by five leading banks to resolve claims over faulty foreclosures and mortgage practices. A clause in the provisional agreement, which has not been made public, allows the banks to count future loan modifications made under a previous foreclosure-prevention initiative toward their restructuring obligations for the new settlement. So this is a big deal that was worked out with all the U.S. attorneys-general in the United States and the banks, supposedly penalizing them, a $25-$26 billion settlement, but in fact a bailout for them.

 

30.5.2.26  Fannie Mae, Freddie Mac and the Federal Housing Authority, government-controlled institutions, together owning or insuring 75 percent of mortgage loans in the U.S., have funneled approximately $200 billion to the banks through the silent bailout that occurs with every foreclosure.

 

30.5.2.27  Ralph Nader in his book The Seventeen Solutions, states:

 

30.5.2.28  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.

 

30.5.2.29  Yet, after untold years of these illegalities 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. 5

 

30.5.2.30  Instead of making them pay the price for their actions, our public servants have apparently given, loaned or guaranteed loans, Wall Street $29.6 trillion [apparently now well over $32 trillion], while everyday Americans are still struggling to make ends meet.

 

30.5.2.31  By pushing bad loans and peddling risky mortgage-backed securities as safe investments, these banks cost the world economy $7.7 trillion. Their widespread fraud and corruption also cost millions of hardworking Americans their jobs, their homes, and their shot at the American Dream.

 

30.5.3  Definitions


Justice is the administration of law according to the principles of just behavior and treatment.


Just behavior is that which is morally right and fair, appropriate or deserved, well founded, done very carefully. Origin Latin justus, from jus 'law, right'


Constitutional means that it is in accordance with, agreeable to, consonant with, not in conflict with, the constitution and so guaranteed as to prevent legislative interference. This includes observing all constitutional rights of the accused. Salient Constitutional Rights are listed at http://www.humanejustice.org/salient_constitutional_rights.htm


The legal definition of “humane” is: Kind, tender, compassionate. Disposed to eliminate the cause of suffering of man or beast. Humane differs from the ordinary use of “merciful,” in that it expresses active endeavors to find and relieve suffering, and especially to prevent it, while “merciful” expresses the disposition to spare one the suffering which might be inflicted. The Geneva Convention requires that the people of an occupied country, detainees, and prisoners of war be treated humanely. Obviously, harsh interrogation techniques, abuse, torture and extraordinary rendition does not constitute humane treatment.


Discreet means judicious in one's conduct or speech.


Restorative justice is a natural, proven form of justice that seeks to restore victims and offenders to whole, contributing members of society. It emphasizes preventing additional harm and repairing the harm caused or revealed by criminal behavior. It is best accomplished through humane cooperative processes that include all stakeholders. Paraphrased from “Restorative Justice web site, www.RestorativeJustice.org” which provides additional information about restorative justice and Prison Fellowship International http://www.pfi.org.


Rehabilitation means to restore to useful life, as through therapy and education or to restore to good condition, operation, or capacity.


The assumption of rehabilitation is that most people are not permanently criminal and that it is possible to restore a criminal to a useful life, a life in which they contribute to themselves and to society. A goal of rehabilitation is to prevent habitual offending, also known as criminal recidivism. Rather than punishing the harm out of a criminal, rehabilitation would seek, by means of education or therapy, to bring a criminal into a more normal state of mind, or into an attitude which would be helpful to society, rather than be harmful to society.


Read more: http://en.wikipedia.org/wiki/Rehabilitation_(penology)


The dictionary definition of “reconciliation” includes the restoration of friendly relations, making or showing to be compatible or making someone accept a disagreeable thing. ORIGIN Latin reconciliare, from infconciliare 'bring together'.


Retribution means punishment inflicted in the spirit of moral outrage or personal vengeance.


Humane, discreet, restorative and reconciliation approaches to criminal justice should be used now, because this:

 

  Is the right and proper thing to do

 

  Will not in any way detract from the severity of crimes committed, excuse or exonerate anyone who has committed a serious crime or cause the criminal justice system to fail to protect the public

 

  Can be utilized to reduce the huge number of people the US has in its prisons

 

  Will greatly improve America’s criminal justice system


 

30.5.4  Food for Thought for Those Reluctant to Help with Prosecutions. Please think about and answer the following two questions to yourself:

 

30.5.4.1    Would you stop an emotionally disturbed person from killing a baby, if you had the wherewithal?

 

30.5.4.2    If you knew that a group of individuals intended to burglarize an old age home, then kill the habitants and burn down the home to cover up their crime, would you report this to the police?

 

30.5.4.3    I believe your answers will obviously and correctly be “Yes”.

 

30.5.4.4     My point is that some of our Public Servants are apparently planning and to commit serious crimes including attacking Iran and/or supporting attacks of Iran by Israel.

 

30.5.5  Conclusions

 

30.5.5.1    Senior public servants and private sector officials have committed crimes by authorizing, funding, providing support and materials for and profiting from these acts.

 

30.5.5.2    The rule-of-law is not being enforced. Despite ample probable cause for obvious crimes, no Department of Justice Official, U.S. attorney or state prosecutor has been willing to investigate and/or attempt to obtain grand jury indictments.

 

30.5.5.3    Time is ripe for massive change.

 

30.5.5.4    There is strength in numbers. We must work together. Otherwise they will pick us off one at a time as they have done to Private Manning and other whistle blowers and are attempting to do to Edward Snowden.

 

30.5.5.5    The fact that United States Attorney Patrick Fitzgerald had the sitting Governor of Illinois arrested and indicted shows that it is feasible to prosecute sitting legislators, senior government officials, Presidents and judges.

 

30.5.5.6    Human Rights USA and American University Washington College of Law International Human Rights Law Clinic recently released a report, Indefensible: A Reference for Prosecuting Torture and Other Felonies. This report serves as a practitioner’s reference addressing the domestic and international laws implicated by the actions of certain former high-ranking government officials. The report lays the groundwork for litigation against those responsible for approving and using illegal interrogation techniques that was the official policy of the Bush Administration. You may read the outstanding report online, purchase a hard copy by calling (202) 296-5702 or e-mailing info@humanrightsusa.org.

 

30.5.5.7    There is more than enough work for everyone. Individuals need not be a lawyer or even a paralegal to help.

 

30.5.5.8    To obtain a grand jury indictment, a U.S. Attorney or local district attorney is required. However, anyone can go before a magistrate, magistrate judge or judge and swear out a criminal complaint.

 

30.5.5.9    Refining and executing this plan will turn all this around

 

30.5.6  Pertinent References

 

30.5.6.1    Public Mental Healthcare in Washington DC and Procedures for Emergency Admissions

 

30.5.6.1.1 The Public Mental Healthcare System in Washington DC 2015 https://elspethcameronritchie.com/pdf_library/public_mental_health_system_dc_april2015.pdf

 

30.5.6.1.2 COL (ret) Elspeth Cameron Ritchie, MD, MPH, elspethcameronritchie@gmail.com

 

30.5.6.1.3 FD12 APPLICATION FOR EMERGENCY ADMISSION: General Orders for the Public https://go.mpdconline.com/GO/GO_308_04.pdf

 

30.5.6.1.4 http://www.daniweb.com/community-center/geeks-lounge/threads/78319/hare-psychopathy-checklist

 

30.5.6.1.5 Lee, Bandy. Author of The Dangerous Case of Donald Trump. Thomas Dunne Books 2017.

 

30.5.6.1.6 Kiehl, Kent. Author of The Psychopath Whisperer. Crown. 2014 - Psychologist at the University of Mexico and one of the foremost experts on psychopathy, discovered that psychopaths have reduced gray matter in the paralimbic system of the brain

 

30.5.6.1.7 Psychopathy: Theory, Research and Implications for Society (Nato Science Series D:) 1998th Edition by D.J. Cooke (Editor), Adelle E. Forth (Editor), Robert D. Hare

 

30.5.6.1.8 Forensic Psychology Nov 12, 2012 by Joanna Pozzulo , Craig Bennell , Adelle Forth

 

30.5.7  Following are sample criminal prosecution Please note some of the links are currently not working

 

30.5.7.1    Procedures for Preparing Documentation for Humane, Private Investigations and Negotiations

 

30.5.7.2    Sample Letter Requesting Humane Private, Investigations, Negotiations and if Necessary Indictments

 

30.5.7.3    Essential Facts to Be Included in Charging Documents as Available

 

30.5.7.4    Preparing Victim Impact Statements   

 

30.5.7.5    Sample Affidavit in Support of a Criminal Complaint

 

30.5.7.6    Sample Spreadsheet Showing Campaign Donations to Legislators

 

30.5.7.7    Sample Victim Impact Statement

 

30.5.7.8    Format for a Combination Multi-Count Criminal Complaint, Affidavit in Support of a Criminal Complaint and Application for a Warrant

 

30.5.7.9    UCMJ Charge Sheet for Private First Class Bradley E. Manning, U.S. Army, provided as a sample

 

30.5.7.10  Complaint Filed with the I.C.C. by Professor Francis A. Boyle

 

30.5.7.11  Proposed Individual Restorative Justice and Rehabilitation Plan (Being Developed)

 

30.5.8  Please help initiate private, humane prosecutions of government officials and others who have broken the law, subscribe to the web site www.HumaneProsecutions.org, consider it as a work-in-progress, financially support these efforts and in particular provide constructive comments/recommendations on this approach and feedback by email to fisher@peoplenow.org. Your help is appreciated and recommended changes are welcomed.

 

30.5.8.1    Initiating humane, private (not secret) investigations, negotiations and/or prosecution, tort claims and/or disgorgement actions

 

30.5.9  Attachment A - Hare Psychopathy Checklist


Hare Psychopathy Checklist

 

The Hare Psychopathy Checklist-Revised (PCL-R) is a diagnostic tool used to rate a person's psychopathic or antisocial tendencies.

 

With this test someone can find out if he/she has psychopatic tendensies. Do the Psychopathy Checklist yourself here:

 

Note: between 30 and 40 means you're in high risk of becoming (or already are) a psychopath.

 

 - Dr. Hare is a professor of psychology at the University of British Columbia, and has researched psychopathy for more than twenty years. The following is his well-known and implemented psychopathy checklist. -

 

- For each characteristic that is listed, the subject is given a score: 0 for "no," 1 for "somewhat," and 2 for "definitely does apply." (Please note that Dr. Hare does not advise that the layman use this checklist for "diagnosing" friends and family; this checklist, however, does give you a good idea how it is used). -

 

1. GLIB and SUPERFICIAL CHARM -- the tendency to be smooth, engaging, charming, slick, and verbally facile. Psychopathic charm is not in the least shy, self-conscious, or afraid to say anything. A psychopath never gets tongue-tied. They have freed themselves from the social conventions about taking turns in talking, for example.

 

2. GRANDIOSE SELF-WORTH -- a grossly inflated view of one's abilities and self-worth, self-assured, opinionated, cocky, a braggart. Psychopaths are arrogant people who believe they are superior human beings.

 

3. NEED FOR STIMULATION or PRONENESS TO BOREDOM -- an excessive need for novel, thrilling, and exciting stimulation; taking chances and doing things that are risky. Psychopaths often have a low self-discipline in carrying tasks through to completion because they get bored easily. They fail to work at the same job for any length of time, for example, or to finish tasks that they consider dull or routine.


 

4. PATHOLOGICAL LYING -- can be moderate or high; in moderate form, they will be shrewd, crafty, cunning, sly, and clever; in extreme form, they will be deceptive, deceitful, underhanded, unscrupulous, manipulative, and dishonest.

 

5. CONNING AND MANIPULATIVENESS- the use of deceit and deception to cheat, con, or defraud others for personal gain; distinguished from Item #4 in the degree to which exploitation and callous ruthlessness is present, as reflected in a lack of concern for the feelings and suffering of one's victims.

 

6. LACK OF REMORSE OR GUILT -- a lack of feelings or concern for the losses, pain, and suffering of victims; a tendency to be unconcerned, dispassionate, coldhearted, and unempathic. This item is usually demonstrated by a disdain for one's victims.

 

7. SHALLOW AFFECT -- emotional poverty or a limited range or depth of feelings; interpersonal coldness in spite of signs of open gregariousness.

 

8. CALLOUSNESS and LACK OF EMPATHY -- a lack of feelings toward people in general; cold, contemptuous, inconsiderate, and tactless.

 

9. PARASITIC LIFESTYLE -- an intentional, manipulative, selfish, and exploitative financial dependence on others as reflected in a lack of motivation, low self-discipline, and inability to begin or complete responsibilities.

 

10. POOR BEHAVIORAL CONTROLS -- expressions of irritability, annoyance, impatience, threats, aggression, and verbal abuse; inadequate control of anger and temper; acting hastily.

 

11. PROMISCUOUS SEXUAL BEHAVIOR -- a variety of brief, superficial relations, numerous affairs, and an indiscriminate selection of sexual partners; the maintenance of several relationships at the same time; a history of attempts to sexually coerce others into sexual activity or taking great pride at discussing sexual exploits or conquests.

 

12. EARLY BEHAVIOR PROBLEMS -- a variety of behaviors prior to age 13, including lying, theft, cheating, vandalism, bullying, sexual activity, fire-setting, glue-sniffing, alcohol use, and running away from home.

 

13. LACK OF REALISTIC, LONG-TERM GOALS -- an inability or persistent failure to develop and execute long-term pla  ns and goals; a nomadic existence, aimless, lacking direction in life.

 

14. IMPULSIVITY -- the occurrence of behaviors that are unpremeditated and lack reflection or planning; inability to resist temptation, frustrations, and urges; a lack of deliberation without considering the consequences; foolhardy, rash, unpredictable, erratic, and reckless.

 

15. IRRESPONSIBILITY -- repeated failure to fulfill or honor obligations and commitments; such as not paying bills, defaulting on loans, performing sloppy work, being absent or late to work, failing to honor contractual agreements.

 

16. FAILURE TO ACCEPT RESPONSIBILITY FOR OWN ACTIONS -- a failure to accept responsibility for one's actions reflected in low conscientiousness, an absence of dutifulness, antagonistic manipulation, denial of responsibility, and an effort to manipulate others through this denial.

 

17. MANY SHORT-TERM MARITAL RELATIONSHIPS -- a lack of commitment to a long-term relationship reflected in inconsistent, undependable, and unreliable commitments in life, including marital.

 

18. JUVENILE DELINQUENCY -- behavior problems between the ages of 13-18; mostly behaviors that are crimes or clearly involve aspects of antagonism, exploitation, aggression, manipulation, or a callous, ruthless tough-mindedness.

 

19. REVOCATION OF CONDITION RELEASE -- a revocation of probation or other conditional release due to technical violations, such as carelessness, low deliberation, or failing to appear.

 

20. CRIMINAL VERSATILITY -- a diversity of types of criminal offenses, regardless if the person has been arrested or convicted for them; taking great pride at getting away with crimes.

 

 


 

 

 

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Footnotes