Remember the 1975 movie “One Flew Over The Cookoo’s Nest”? Much of the film was actually shot at the Oregon State Hospital in Salem, Oregon. Jack Nicholson’s character, Randall McMurphy addresses his fellow patients as “creeps, lunatics, mental defectives”. R.P. McMurph was referring to his fellow characters. But that same characterization could apply to the citizens and politicians of the State of Arizona.
I love the Arizona of Spring Training, of sunshine and the Grand Canyon. But just about all of the Arizona heavily influenced by politicians and politics can just scare the Hell out of a sane human being.
Back in November, 2006 a Arizona voters approved Proposition 100. “Prop 100” shockingly prohibited pretrial release of undocumented immigrants charged with serious crimes. Or simply, this action denied bail for undocumented immigrants. The concern is that the defendants might flee and not show up for trial, even flee the state. HUH??? I would think the State would give the alleged criminals a ride to the border. Well, try and choke this down:
-This was voted on by the citizens and passed 78-22% and became a part of the state constitution. Wow, I am glad to hear Arizona even has a constitution. And 78-22? Please! Nikita Khrushcev’s Politburo had elections more closely contested than that. Sadly, we can’t blame this one solely on the cokoo politicos of the state. The citizens obviously get WAY too much sun. Even snakes crawl under a rock when they get too hot.
– Wait, this action targets very narrowly very bad people say its supporters. It is limited to those “accused of serious crimes”, where “proof of the crime is evident” and there is “great presumption of guilt”. Hmmmm, so basically this will apply when there is really no need for a trial. Due process? What due process? who needs that?
This law was stuck down in November, 2014 by the full U.S. Circuit Court of Appeals. That court voted 9-2, as lopsided as the vote of the people that laid this egg in the first place.
A few questions:
Why doesn’t the existing bail process take into account the seriousness of the alleged crime and likelihood of flight? It does.
What is there about undocumented immigrants (Arizonian for Mexicans) that makes them less likely to show up at trial than child molesters, child support evaders, drug dealers and other chronic violators? Nothing.
The only reason for this law was to further bring unfairness to the lives of Latinos in Arizona. This garbage wouldn’t even fly in the Cookoos Nest.