Sherry Peel Jackson Objects To Prison Food - And Needs Money

[LPC]

Sorry I'm late.

It is frightening that some people would find such delight or have such venomous words for a woman who believes she's fighting an intellectual debate.

When was Jackson ever engaged in an intellectual debate? As far as I have seen, all she ever did was announce her conclusions to like-minded people.

She isn't a criminal. A person doesn't rob a bank because he thinks it's legal. That's what's so preposterous about the Cheek defense -- I'm criminally immune if I truly think I'm not breaking a law?

All criminal laws require an element of intent. Larceny requires an intent to take money that is not yours. Murder requires an intent to kill someone. It's not necessary to prove that that the defendent knew that it was illegal to steal, or that it was illegal to kill, but it is necessary to prove that they intended to commit the act that was illegal.

In the case of tax crimes, it's a little more complicated because the tax laws can be complicated and it is possible to violate the tax laws unintentionally. So the requirement that the violation be "willful" means that the government must prove beyond a reasonable doubt that the defendant knew that what they were doing was contrary to the tax laws. It's a subtle distinction, but it is not necessary for the government to prove that the person knew that what they were doing was a crime, only that what they were doing was different from what was required under the tax laws.

To give you an illustration of different possible violations of tax laws, deciding to file a tax return late is contrary to tax law but not a crime. Deciding not to file any tax return at all is both contrary to tax law and a crime.

In Jackson's case, the jury found beyond a reasonable doubt that she knew that she was required to file income tax returns and that she intentionally decided not to file tax returns. Whether or not she knew that she was doing was a crime was not relevant.

You excuse Tom Cryer for the Cheek defense

*I* didn't excuse him, and I don't think that anyone else who regularly contributes to the forum would excuse him either. The jury excused him.

[ASITStands]

The Government won't even answer questions about the IRS.

What significant questions are being asked about the IRS in good faith, but not being answered?

Actually, one significant question that hasn't been addressed since 2001 [as far as I can tell] is publication of IRS Appendix A, last published at FR 66, No. 237, 63784, December 10, 2001.

What's the significance? Well, it includes addresses for Area Director and Area Counsel, and somewhere I remember reading it was a requirement to publish addresses periodically.

Seems like someone's hiding, maybe for obvious reasons, but hiding anyway.

[ASITStands]

To give you an illustration of different possible violations of tax laws, deciding to file a tax return late is contrary to tax law but not a crime. Deciding not to file any tax return at all is both contrary to tax law and a crime.

I've seen several cases in which filing a tax return late still resulted in convictions for willful failure to file when the prosecution proved a pattern of neglect or lateness. And, I've seen several in which criminal investigation continued whether the target filed returns or not.

Numerous jury instructions reflect the fact lateness is not considered a defense.

United States v. Bourque, 541 F.2d 290, 294 (1st Cir. 1976); United States v. Ming, 466 F.2d 1000, 1005 (7th Cir. 1972); United States v. Greenlee, 380 F.Supp. 652, 660 (E.D. Pa. 1974), aff'd., 517 F.2d 899, 903 (3d Cir. 1975).

Seems to me, a target's willingness to file late doesn't always mean, "It's not a crime."

[LPC]

Demosthenes, it is a political crime though. She philosophically disagrees with the income tax, believes it is unconstitutional and now she is in prison?

Jackson is not in prison for what she believes, what she has said about what she believes, or what she "philosophically disagrees with," but because of what she DID. She's in prison for her financial actions, not her political beliefs.

As one court put it, speaking of a person with similar beliefs:

“The government may not prohibit the holding of these beliefs, but it may penalize people who act on them.” Coleman v. Commissioner, 791 F.2d 68, 69 (7th Cir. 1986).

Jackson acted on her beliefs by willfully failing to file a tax return, which is a crime for which she was convicted and is now in prison.

The Government won't even answer questions about the IRS.

Nonsense. The government answers questions about the IRS and the tax laws all the time.

But tax deniers don't want answers to questions. They live in the constant hope that they will someday get a damaging admission from the government that "proves" what they want to believe. So they want to argue with the government, and the IRS isn't required to debate people.

If you want arguments, go to Congress.

Even if you are the most mindless myrmidon, you have to question their tactics and obfuscating way of doing business.

You think that the IRS is "obfuscating" only because you don't believe the information the IRS is providing. The IRS says that the tax laws applied to Americans, including the requirement of filing tax returns and the power to levy, are valid and constitutional, and you call that "obfuscating" but it's the truth.

Face it, you don't really want to know the truth.

[LPC]

To give you an illustration of different possible violations of tax laws, deciding to file a tax return late is contrary to tax law but not a crime. Deciding not to file any tax return at all is both contrary to tax law and a crime.

I've seen several cases in which filing a tax return late still resulted in convictions for willful failure to file when the prosecution proved a pattern of neglect or lateness.

That's not what I was talking about.

[DarkestBeforeDawn]

Actually, one significant question that hasn't been addressed since 2001 [as far as I can tell] is publication of IRS Appendix A, last published at FR 66, No. 237, 63784, December 10, 2001.

What's the significance? Well, it includes addresses for Area Director and Area Counsel, and somewhere I remember reading it was a requirement to publish addresses periodically.

Seems like someone's hiding, maybe for obvious reasons, but hiding anyway.

Hogwash. Ever heard of the Rule of Law. The Rule of Law is having the Power to Enforce whatever Rule the Law chooses. The Law is what is enforced -- not something written in some book called Title such and such, or a publication such and such.

What written Law was being enforced at Abu Ghraib? The Law is simply what is enforced.

You seen movies or read books on the Old West, the one little sheriff in the town who is the Law. Than a gang comes in and the sheriff doesn't do a thing. At that point, you won't see the sheriff say he is the Law because he simply is not the Law. Without power to enforce you are not the Law, it doesn't matter where it is written on or at.

I think people on this board better call all foreign friends they have and tell them to buy US Dollars -- you'll see exactly what the Law is if the US Dollar goes the way of Zimbabwe dollar.
Law is what is enforced. The Law does not have to listen to you or me or the Constitution -- the Law has actually said it is just a piece of paper.

[Lasagna]

Hogwash. Ever heard of the Rule of Law. The Rule of Law is having the Power to Enforce whatever Rule the Law chooses. The Law is what is enforced -- not something written in some book called Title such and such, or a publication such and such.

What written Law was being enforced at Abu Ghraib? The Law is simply what is enforced.

You seen movies or read books on the Old West, the one little sheriff in the town who is the Law. Than a gang comes in and the sheriff doesn't do a thing. At that point, you won't see the sheriff say he is the Law because he simply is not the Law. Without power to enforce you are not the Law, it doesn't matter where it is written on or at.

I think people on this board better call all foreign friends they have and tell them to buy US Dollars -- you'll see exactly what the Law is if the US Dollar goes the way of Zimbabwe dollar.
Law is what is enforced. The Law does not have to listen to you or me or the Constitution -- the Law has actually said it is just a piece of paper.

Darkest, you keep writing these little screeds as if they actually mean anything. Not only are they foolish - "the Law does not have to listen to you or me or the Constitution" is either nonsensical or flat-out wrong, depending on what you mean - but they don't contain anything but vast oversimplification. What are you getting at?

My favorite quote from you remains in my signature.

[DarkestBeforeDawn]

Darkest, you keep writing these little screeds as if they actually mean anything. Not only are they foolish - "the Law does not have to listen to you or me or the Constitution" is either nonsensical or flat-out wrong, depending on what you mean - but they don't contain anything but vast oversimplification. What are you getting at?

My favorite quote from you remains in my signature.

If what you said were true -- those 120,000 Asian-Americans wouldn't have been imprisoned in camps during WWII without charges and with no due process what so ever. Pieces of paper don't enforce themselves the Law does. Those actions were 100% legal and 100% justified. I don't recall reading the Constitution showing up at the camp to defend these poor people -- enforcement was carried out by the Law. If you disagree -- maybe you should talk to a few of the survivors I am sure they will disagree with you.

There is no oversimplification -- that is the way it is. The Law is what is enforced. To be honest, I have no idea what your disagreement is with. Please point out any specific comment you disagree with with.

Thank you for the quote in your signature, 100% correct. If GWB decides to whatever he chooses and it is carried out to completion -- than the order was 100% legal. It could be nuking the U.S. or slaughtering people in whatever country he chooses. The Law is what is enforced -- man's Law is NEVER what is NOT enforced.

The Law is what is enforce, if you believe the Law is what is NOT enforced -- it seems you are Law denier. Under your theory the Law of Gravity would be when an apple from the apple tree goes up instead of down. If you see apples flying up in the air from an apple tree please find the closest hospital and get admitted for your own good.

[Mr. Mephistopheles]

[snip]
Law is what is enforced. The Law does not have to listen to you or me or the Constitution -- the Law has actually said it is just a piece of paper.

I guess you've missed the lecture on what a "law" is, even though it has been presented by 2 or 3 lawyer-type Quatloosians. Their description in short, is that law is how a court will rule on a particular issue. Your assertion that the law doesn't "listen" to the Constitution is absurd. I'm not an attorney but I stayed awake long enough in 12th grade U.S. Government to know that Constitutional law, legislative law, and case law all enter into a Court's decision making process. You are correct only in that your opinion or my opinion doesn't mean squat in the legal process. That's something that most tax protestor idiots can't seem to figure out. Congratulations! You may now be matriculated to the 1st grade.

[DarkestBeforeDawn]

[snip]
Law is what is enforced. The Law does not have to listen to you or me or the Constitution -- the Law has actually said it is just a piece of paper.

I guess you've missed the lecture on what a "law" is, even though it has been presented by 2 or 3 lawyer-type Quatloosians. Their description in short, is that law is how a court will rule on a particular issue. Your assertion that the law doesn't "listen" to the Constitution is absurd. I'm not an attorney but I stayed awake long enough in 12th grade U.S. Government to know that Constitutional law, legislative law, and case law all enter into a Court's decision making process. You are correct only in that your opinion or my opinion doesn't mean squat in the legal process. That's something that most tax protestor idiots can't seem to figure out. Congratulations! You may now be matriculated to the 1st grade.

The Law is simple what is enforced. The Law does not have to listen to Courts or even look at the Constitution. Look, you can be a Law denier all you want -- the Law does not care what you believe in.

There is the Laws of Gravity, do you think for an instant the Laws of Gravity have to listen to any Court. If a Court can tell the Law what to do we would have apples going wherever they wanted when the left the apple tree. Without the Laws of Gravity being enforced, there simply is no Laws of Gravity.

"I'm not an attorney"

Thank god for that. Go get a Court Order saying the Laws of Gravity are not legal and see where that gets you. The Law is what is enforced -- the Law does not care if you deny it -- you seem to want to be a Law Denier.

[Dezcad]

There is the Laws of Gravity, do you think for an instant the Laws of Gravity have to listen to any Court. If a Court can tell the Law what to do we would have apples going wherever they wanted when the left the apple tree. Without the Laws of Gravity being enforced, there simply is no Laws of Gravity.

And who enforces the "Laws of Gravity"?

[DarkestBeforeDawn]

And who enforces the "Laws of Gravity"?

The Law is force, some might say God, others might Science, some might say they don't know. Either way, without enforcement the Laws of Gravity would not exist. They certainly don't need to be written on paper or approved from a Court.

[DarkestBeforeDawn]

http://www.thinkgeek.com/images/product ... ravity.jpg

Maybe we should get Law Deniers an Obey Gravity T-shirt so they don't attempt to jump out of a plane without a parachute.

"Obey gravity... it's the LAW"

If you don't believe Gravity is the LAW you are in for a rude awakening -- actually I would be very surprised that you lived this long. The LAW does not exist without enforcement -- it doesn't matter what the LAW is or isn't.

I assure you all the LAW OF GRAVITY existed before ink and paper were ever created.

[Imalawman]

http://www.thinkgeek.com/images/product ... ravity.jpg

Maybe we should get Law Deniers an Obey Gravity T-shirt so they don't attempt to jump out of a plane without a parachute.

"Obey gravity... it's the LAW"

If you don't believe Gravity is the LAW you are in for a rude awakening -- actually I would be very surprised that you lived this long. The LAW does not exist without enforcement -- it doesn't matter what the LAW is or isn't.

I assure you all the LAW OF GRAVITY existed before ink and paper were ever created.

Are you serious or are you only pretending to be bat-shit-crazy?

[DarkestBeforeDawn]

Are you serious or are you only pretending to be bat-sh*t-crazy?

What is so crazy? I mean I feel sorry that even have to break it down even further.

LAW is what is enforced
OR
LAW is what is NOT enforced

Do you honestly believe LAW is what is NOT enforced? Roman Law is NOT enforced, so are you saying thats LAW? You say crazy but you don't specifically say what is crazy.

If you think apples falling from the apple tree to the ground is crazy -- you might consider finding the closest mental institution and being admitted -- I am only saying that for your own protection. Who knows what you would do in a plane or very high heights. Failing to obey the Law of Gravity could potentially go from initial contact to Final Judgment.

[Nikki]

The laws are what are passed by the appropriate legislative bodies and signed by the relevant executive.

Whether they are enforced or not is irrelevant.

[DarkestBeforeDawn]

The laws are what are passed by the appropriate legislative bodies and signed by the relevant executive.

Whether they are enforced or not is irrelevant.

So, Roman Law is Law? I seriously doubt the Roman Senate revoked those written rules before they collapsed.

Congress should just pass a rule that Iran should just stop Nuclear development -- without enforcement it's not a Law -- means absolutely nothing -- you might as well have Muppet's pass a rule.

Whoever said you need a legislative body? Who said there has to be a relevant executive? Seems like trying to use written Law to tell the real Law what to do -- in the end, the real Law does what it can enforce -- all else is moot. I doesn't have to be written -- there have been Laws before writing, ink and paper even existed.

If this written rules you speak is the Law we would be presently having Tea Time and housing British soldiers. The Law is what is enforced -- if it's not enforced or enforceable than it's not Law -- in it's simplest form LAW IS FORCE.

[Dr. Caligari]

Don't feed the trolls.

[DarkestBeforeDawn]

Don't feed the trolls.

The Law does not care if you don't believe.

My favorite is what I call the Law of Compounding Interest Equation. As you see the bankers fighting for their lives today and doing whatever they can to ignore the end result of basing a system off of this equation. Ignore if you wish -- the Germans tried to ignore the Law the end result during the 20s,30s, and 40s -- liquidation only cost them 7 million lives.

We'll save that for another time but it is funny watching these people talk about why these banks and all banking systems collapse and they never ever sit down to look at the compounding interest equation -- the end result is implosion -- the only question is when? I don't want you to fall asleep so I will stop right there. Ignore the Law of Gravity, Compounding Interest Equation, or whatever other Law -- you let me know where it gets you.

[ErsatzAnatchist]

Did DarkestBeforeDawn wander in recently and I missed it or is he/she an older timer recently released from Bedlam?