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TERTETRA: COMMENTARY PAGE
AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES
AMENDMENTS T2, T3, T4, T5:
crimes, liberty, and remedies
authorities and duties of crime's victim
the will of the people
trials and justice
this page is a draft / in progress


the following article was crucial in respect to some of the considerations that went into parts of T2 through T5, particularly in that parts of T2-T5, alone or in combination, could possibly have avoided a lot of the senseless tragedies.

article info:
from:
The New Yorker
Annals of Justice MARCH 14, 2016 ISSUE
"The List"
"When juveniles are found guilty of sexual misconduct, the sex-offender registry can be a life sentence."
BY SARAH STILLMAN
www.newyorker.com/magazine/2016/03/14/when-kids-are-accused-of-sex-crimes
click link button to go to article



AMENDMENT T2

crimes, liberty, and remedies.
the only crimes for which a person may be deprived of liberty are:
section 1: violent crimes against another person's body, as indicated below;
section 2: non-violent crimes against another person's body, as indicated below;
section 3: crimes against property, as indicated below;
committing any of the crimes described in sections 1, 2, or 3, shall subject the perpetrator to be deprived of liberty and/or to additional remedies as described in section 4 (b).
crimes for which a person may not be deprived of liberty are:
section 4: all and/or other crimes.

(1) violent crimes against another person's body:
including but not limited to use of physical force, weapons, and/or poisons.
barring noted exceptions, crimes that harm another person's body or deprive another person of physical liberty are:
(a) actions deliberately aimed at, or demonstrable intent to, physically harm another person who does not intend to unjustly or unduly physically harm, or deprive of liberty, anyone;
and:
(b) actions deliberately aimed at, or demonstrable intent to, deprive another person of physical liberty, when the other person does not intend to unjustly or unduly physically harm, or deprive of liberty, anyone.
notes: to "physically harm" means to "cause damage to physical functionality and/or to physical well-being"; "unjustly or unduly" means "without reasonable cause or reasonable measure".
exceptions to amendment T2 section 1:
reasonable consent:
actions that harm another person's body or deprive another person of physical liberty are not violent crimes against another person's body if the person receiving the harm or subjecting oneself to the deprivation of liberty, clearly, unambiguously, and of sound mind and body, consents to specific harm or physical containment, such as in contact sports or other arrangements of clear, unambiguous consent made with sound mind and body.
"sound mind and body" means that the person is lucid, sufficiently and adequately capable of functioning in that context, and sufficiently and adequately capable of making decisions in that context.


(2) non-violent crimes against another person's body:
definition:
crimes of sexual or other physical nature upon another person's body, that do not harm another person's body and do not deprive another person of physical liberty, are:
actions upon a person's body that harm that person only psychologically and/or emotionally.
a person shall not be found guilty of said crimes unless, prior to the actions as defined above, the victim has clearly and unambiguously informed that person that s/he does not want to be subjected to such physical action or such type of physical action.

(3) crimes against physical property:
"physical property" refers to objects and/or locations.
barring noted exceptions, crimes against property are:
actions that, or demonstrable intent to, damage, take, control, invade, trespass, or violate property.
exceptions to amendment T2 section 3:
(a) specific actions upon a property do not constitute a crime against that property if the property owner clearly, unambiguously, and of sound mind and body, consents to such actions upon her/his property.
(b) (entering legally vs. remaining criminally) in regard strictly to "violating property" in the sense of unauthorized presence in a location:
if a person has entered a property without invading or trespassing, that person shall be deemed to commit the crime of violating that property by remaining in that property, only if the property owner and/or her/his representative:
(i) clearly and unambiguously instructs that person to leave the property (see note 2);
(ii) allows for the alleged violator to gather her or his belongings (see note 2);
and, in the case of PROPERTY OPEN TO THE PUBLIC:
(iii) the property owner and/or her/his representative is not motivated by discrimination based on race, color, religion, gender, attire, or social or cultural differences or demeanor (see notes);
(iv) the person instructed to leave the property is allowed, at that time, and in that property, to contact and wait for authorities and/or a media outlet, if the person instructed to leave believes that s/he is being discriminated against based on race, color, religion, gender, attire, or social or cultural differences or demeanor (see notes);
(v) the person instructed to leave the property is allowed, at that time, and in that property, to contact and wait for authorities and/or a media outlet, if the person instructed to leave believes that s/he has legitimate reasons for refusing to follow the instructions to leave the property (see notes).
note 1: clauses (iii) & (iv) do not apply if the location has clearly posted and/or written agreements that allow that property to engage in specific discrimination and that do not conflict with applicable laws.
note 2: as stated above, subsection (b) applies strictly to unauthorized presence in a location; subsection (b) does not apply to other property crimes such as physical damage to property.

(4) all and/or other crimes:
(a) crimes not described in sections 1, 2, and 3 SHALL NOT:
subject the criminal to be deprived of liberty of movement by incarceration, confinement, or exclusion from public property;
(b) crimes described in sections 1, 2, 3, and all other crimes SHALL:
subject the criminal to:
(i) pay damages if and as ordered by authorities;
(ii) pay penalties if and as ordered by authorities;
(iii) have one's properties taken if and as ordered by authorities;
(iv) be under surveillance, tracking, and monitoring, which may include video, audio, wiretapping, and gps, up to 24hrs/day, and which may be available to the public, if and as ordered by authorities;
(v) be excluded from retaining any income other than for clothes, for shelter, for food, and for internet access, if and as ordered by authorities, provided that the public and/or the victim(s) have access to adequate monitoring of the perpetrator as described in clause (iv);
(vi) be excluded from retaining any income other than for clothes, for food, and for internet access, if and as ordered by authorities, provided that the public and/or the victim(s) have access to adequate monitoring of the perpetrator as described in clause (iv).

link to commentary on T2




AMENDMENT T3

authorities and duties of crime's victim.
premise:
the victim may delegate a representative for any/all of her/his authorities/duties.
if the victim is dead, or not in a position to be able to make the relevant decision, another person may act in lieu of the victim, as per applicable laws.
description of authorities and duties of crime's victim:
if a person is found to be guilty of a crime:
the victim of that crime has authority to alter or veto any remedy issued by the justice system against the perpetrator of that crime.
(a) the victim's decision to alter the remedies may not result in remedies harsher than the harshest remedies indicated by current/applicable laws.
(b) if the death penalty applies, and the victim decides in favor of the death penalty, the victim must be present at execution and take at minimum a necessary physical role in the execution of the perpetrator. "at minimum a necessary physical role" is any role, such as pushing a button, without which the death of the perpetrator cannot be executed.
(c) the victim must be of sound mind and body when declaring her/his intention to alter and/or veto the remedies.
(d) unless altering and/or vetoing issued remedies demonstrably endangers others, the victim may alter and/or veto any and all issued remedies at any time.

link to commentary on T3




AMENDMENT T4

the will of the people.
in any situation in which the majority of the people clearly indicate their unified will, and at any time in which the majority of the people clearly indicate their unified will, even if the government's laws are in conflict with the will of the people, the clear will of the majority of the people shall prevail.
in absence of a referendum as defined by applicable laws, the will of the majority shall be assessed by a method such as the clear expression of the unified will of the majority of the people as expressed via statements of will made by citizens via internet video in which the citizen stating her/his will is clearly identifiable, in a framework in which the unified statements of will reflect the true and actual majority of the citizens, or via a method to be determined in harmony between the government and the people.
in any situation, the clear will of the unified majority of the people of a local community prevails over the laws of that local community, unless in conflict with the laws of the state of which that local community is a jurisdiction.
in any situation, the clear will of the unified majority of the people of a state prevails over the laws of that state, unless in conflict with the laws of the United States of America.
in any situation, the clear will of the unified majority of the people of the United States of America prevails.

link to commentary on T4




AMENDMENT T5

trials and justice.
the ultimate jury and authority in trials resides in and is the people of the jurisdiction of that trial.
plaintiff and defendant shall have the right to call upon the community of the people of the district of jurisdiction to serve as online jury for the trial.
no judge shall have the right to refuse a request by the plaintiff or the defendant to involve the district's community as online jury for their trial, unless the judge is prohibited from doing so by higher court. plaintiff and defendant have the right to call upon the community and/or communities of the people as online jury, as pertains both the lower and the higher district.

link to commentary on T5



TERTETRA: AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES



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