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TODAY'S
ISSUE
Proposes that the Fifth
Amendment should be repealed
By
Jim Nelems
President, The Marketing Workshop
Special to GwinnettForum.com
NORCROSS, Ga., Feb. 18, 2005----The time, the expense, and the
lack of convictions of many criminals in our judicial system today
can be traced, at least in part, to the Fifth Amendment, which as
most people know, allows a person who commits a crime, to not have
to answer questions in court whether he or she committed the crime.
The wording of the Fifth Amendment:
"No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in
the Militia, when in actual service in time of War or public danger;
nor shall any person be subject for the same offence to be twice
put in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life, liberty,
or property, without due process of law; nor shall private property
be taken for public use, without just compensation."
No other country in the world has such a rule of law. Not Canada,
not Great Britain, not Japan. No one has ever charged that justice
is hobbled in those countries, or elsewhere, due to the lack of
such a rule there. And, in fact, it is only in criminal cases in
the U.S. where someone can avoid being questioned in court, as the
Fifth Amendment does not apply in civil cases.
When one of our founding fathers, James Madison, proposed and introduced
the Fifth Amendment back in the early 1800's, there was good reason
for it. Before, during, and after the Revolutionary War, many well-known
individuals, including Madison himself who wrote part of the Federalist
Papers, and fellow author Alexander Hamilton, wanted to get their
ideas across to the public without their authorship being known.
Instead of signing the papers with their names, they used pen names,
such as Publis. The Fifth Amendment, therefore, was a way for these
authors to avoid being questioned as to their authorship.
There is no evidence, or even a hint of suggestion that the Fifth
Amendment, when added to the Constitution, was intended to prevent
murderers or other criminals to being able to avoid answering for
their deeds.
Now, we have the ironic spectacle of someone charged with a crime,
appealing to the public in speeches, on TV, or on the web, of his
innocence, but then refusing to testify under oath of his innocence
on that very crime.
There are very few reasons, if any, as to why an innocent party
would not want to say that he did not commit the crime, other than
the fact that this person is, in fact, guilty.
The obvious solution for better justice is to repeal the portion
of the Fifth Amendment which allows this to go on. However, this
will not likely happen.
Therefore, the best that any of us can do, if called to sit on
a criminal jury, is to automatically vote guilty, any person who
refuses to testify in his or her own defense. This rests on a very
simple, logical assumption: an innocent person will want people
to know of his innocence; a guilty person is afraid of being questioned
and is covering up his guilt.
What could be simpler, fairer, and a boon to thousands of victims
in the U.S.that a party charged with a crime should be able to be
asked if he committed the crime or not.
(Editor's Note: Hey, Jim: after you knock off
the Fifth, which amendment do you want to kill next? Second (right
to bear arms), First (right to worship and assemble, say what
you want, etc.), Sixth (speedy public trial)? Could this be a
dangerous idea? Just asking!---eeb)
ELLIOTT
BRACK
Legislature
halfway through and we still have our clothes
By Elliott Brack
Editor and Publisher
GwinnettForum.com
FEB. 18, 2005 -- The good news is that the Georgia Legislature
is halfway over, and most of us still have our clothes on our own
backs.
The bad news is that there are still 20 days left for the Legislature,
led by newly-empowered Republicans, to get Georgia into deep trouble.
After all, most of the real significant (and often bad) outcomes
from the Legislature take place in the frantic last few days.
No matter which party is in control of the process at the Capitol,
you can never feel safe. Whether you are getting gored from the
left or right usually doesn't matter. You are still getting gored.
Though we question many of the changes being proposed, we see one
ray of light. That is the move being pushed rather strongly by Republicans
to put in a ban on smoking in public places throughout Georgia,
following what Gwinnett and a few forward-thinking counties have
done. The GOP can do the entire state a major service should they
enact this legislation, especially since the likelihood of many
counties putting in a smoking ban is nil. We had thought that Big
Tobacco would have its way with the Republican Party on this, so
we are considerably surprised at the GOP push in this direction.
Let's keep our fingers crossed.
On the Legislative agenda and bothering us:
- Reapportionment: While we don't particularly like the
gerrymandered way our state's Congressional Districts are aligned,
we would hate to see our state make changes in the district lines
now. We say this for a significant reason: the continuing maneuvering
by small-minded politicians about reapportionment will eventually
mean an erosion in the level of confidence people have in their
government. Leave the lines alone until after the next census,
GOP, when it is ethically and legally time to re-map the state.
- Closed meetings: No matter what the reason, closing any
public meeting should raise questions in the mind of the paying
public. It is another method to erode the confidence of the people
in their government. Granted there are a few legislated reasons
currently for closing meetings: legal issues, personnel matters
and transactions on real estate. (Even these sometimes raises
reasonable questions.) Now the move to include economic development
as an exception is one more chip in the armor of open meetings,
and should not be passed. Tell your legislators.
- Setting salaries: We agree with Senator Renee Unterman
that the county commission and school board should set their own
salaries, not turn to the Legislature to do this. And should these
local bodies overstep their reach on their salaries, the voters
will tell them when they seek re-election. As to the amounts,
we would suggest a $100,000 salary for the commission chairman,
and $25,000 for the district commissioners would not be out of
line. Such figures would essentially double their present salaries,
and would be in line, we think. (Bannister makes $53,973 now,
and the district commissioners make $13,493.)
What is always troubling when the General Assembly is in session
is that some idea can come out of the blue, particularly in the
last few days, that will catch the attention of a few lawmakers,
and somehow, move quickly and pass before few people realize it.
Then it can take years and years to remove such bad legislation.
Such laws usually come through the efforts of slick lobbyists and
serve to enrich a certain few, key industries. That's what we have
to watch out for each session.
And as long as the GOP is considering big issues, how about one
of them introducing a measure changing the timing of the Legislature,
from annually to semi-annually? But keep the number of days the
Legislature is allowed to meet to only 40. The 40 day current limit
is a beautiful safeguard in Georgia!
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McLEMORE'S
WORLD
2/18: Virus not from
a virus
The latest from cartoonist Bill McLemore
FEEDBACK
2/15: And now introducing
another adoptee, "Glory!"
Glory |
Editor, the Forum:
Enjoyed the recent column and picture of your new dog, Herky. Just
yesterday, we added a third dog to our family, thanks to the Gwinnett
Humane Society. This is "Glory."
-- Tony Rivera, Suwanee
Tony: Who knows? Maybe we'll start a trend of
people sending dog pictures! --eeb
CALENDAR
Georgia Perimeter College
plans 40th birthday next week
In celebration of Georgia Perimeter College's 40th year anniversary,
the Lawrenceville campus is planning a number of events for the
week of February 21.
Linked by the theme, "Reflections: GPC‚s 40th Anniversary,"
the events will offer a retrospect in fashion, social change, film
nostalgia and Gwinnett County history.
GPC opened it doors to 763 students in 1964 under the name DeKalb
College. Its Lawrenceville campus opened in 1987 and currently serves
more than 8,000 students at the Gwinnett University Center.
The anniversary events are as follows:
- Monday, February 21, noon-1 p.m. in the atrium of the B building:
students will present "40 Years of Fashion and Music.' Refreshments
will follow.
- Tuesday, February 22, noon until 1:30 p.m. in the atrium of
the B building: the campus will present "Reflections: 40
Years of Social Change in Gwinnett." Eddie Tomlinson will
commemorate Dr. Martin Luther King's Nobel Peace Prize with the
"I Have a Dream" speech. This will be followed by a
presentation from Herman Rev. Skip Mason Jr., noted author and
historian. Next, there will be a panel presentation, moderated
by J.K. Murphy, editor of the Gwinnett Daily Post. Refreshments
will follow.
- Wednesday, February 23, 3:15 p.m., in room 1500 of the B building:
the campus will show the 1964 hit film, "Dr. Strangelove."
Following that will be GPC night at Jillian's (5:30 p.m.) at Discover
Mills).
- Thursday, February 24, 7 p.m.-8 p.m. in the atrium of the B
building: former GPC professor and historian Tommy Barber will
speak on "The History of Gwinnett County." Refreshments
will follow.
All events are free and open to the public. For more information,
call 678-407-5224.
Cathy Cox to keynote meeting of Gwinnett Chamber Feb. 23
Cox
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The Gwinnett Chamber of Commerce's General Membership Luncheon
on February 23 will keynote Cathy Cox, secretary of state for the
State of Georgia. The luncheon registration will begin at 11:30
a.m. at the Atlanta Marriott-Gwinnett Place. Cost is $35 for members
and $45 for non-members
Junior League plans
Star Ball to benefit hospital system
The Fox Theatre's Egyptian Ballroom will be the setting for the
11th annual Star Ball Gala with silent and live auctions, presented
by The Junior League of Gwinnett and North Fulton Counties. All
are invited to celebrate the spirit of Mardi Gras on Saturday, March
5, 2005, starting at 7 p.m.
The black-tie (optional) dinner and dance includes New Orleans-style
cuisine, dancing to music by the high-energy Atlanta band Fishtank,
live and silent auctions and a special prize for the best Mardi
Gras Mask.
Proceeds from this year's Star Ball Charity Gala will benefit the
League's local charities, including the Georgia Foster Care Support
Foundation (FCS), Teacher Mini Grants and the Gwinnett Medical Center.
FCS, the primary community project for The Junior League of Gwinnett
and North Fulton Counties, promotes improved foster care throughout
the state through parent training and by providing new and like
new clothing, strollers, cribs and toys to foster children (newborn
to 18 years old) in lower income foster homes.
To order tickets, or to become a corporate sponsor, contact Sharon
Arnold, Star Ball Event Chair, at sharonarnold@bellsouth.net
or 770.904.2206. Tickets are $100 per person.
RECOMMENDED
READ
From Janet
Gibson of Lawrenceville
"I found the February 15 edition of GwinnettForum particularly
interesting. I was saddened to learn over the weekend of Karl Haas'
death. Like others he was the person I listened to the most and
also enjoyed the most. It was nice to see him being remembered.
Then the frosting on the cake was reading again some of Carson McCullers
bio. She is probably my favorite modern female writer. I have a
book that evaluates her work and I reviewed some of her books in
a book club I belonged to.
"At the moment I'm plowing through the writings of Carl Jung
and unless someone wants a thorough education in psychology I wouldn't
set anyone on the task of reading this book. He is a marvelous writer,
but his vocabulary is much more extensive than mine. I'm hoping
to have all 700 pages completed before Mother's Day!"
- An invitation: What Web sites or books have you enjoyed?
Send us your best recent read along with a short paragraph as
to why you liked it, plus what book you plan to read next. --eeb
ENCYCLOPEDIA
TIDBIT
2/18: Georgia views
by non-Georgians flattering and harsh
Some of the most insightful and widely read depictions
of Georgia were written by men and women who were neither native
to nor residents of the state. Their work, both fictional and nonfictional,
includes several of the most popular books in Georgia literature.
Yet in other cases their treatments have been harsh and unflattering,
and Georgians have resented the negative portrayals of themselves,
their communities, or the state itself. The controversy generated
by such reactions often served to make these works more influential
than they otherwise would have been in shaping perceptions of Georgia
and the South.
Books that have inspired controversy range from first-person critiques
of slavery (by Fanny Kemble) and of convict-lease labor (by Robert
Burns and John Spivak) to recent best-selling exposés of
contemporary urban life in Savannah (Midnight in the Garden of
Good and Evil) and Atlanta (A Man in Full). Both Jean
Toomer and Margaret Walker were inspired to write about the lives
of their African American ancestors from Georgia in major works
of fiction, Cane and Jubilee respectively, and Alice
Randall generated considerable news when she satirized the preeminent
work in Georgia literature by telling its story from a black perspective
(The Wind Done Gone).
THOUGHT OF THE DAY
Eisenhower's views
of what it takes to get along with people
"A sense of humor is part of the art of leadership, of getting
along with people, of getting things done."
-- Former President General Dwight D. Eisenhower.
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is an online community commentary for exploring pragmatic and sensible
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