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General discussion

Justice served: The Joe Arpaio Model

Jul 28, 2007 9:01AM PDT
NOTE -- All following content reprinted with permission of author(s)

(This is the second in a two-part essay about frontier justice along our southern border. Part one, ?Justice denied?, addressed a mockery of justice perpetuated against law-enforcement officers attempting to secure that all-too-porous border. Please join the nearly 52,000 Patriots who have already signed our petition, Free the Texas Three.)

As a former uniformed law-enforcement officer, I know that frontier outlaws are sometimes best deterred with frontier justice. Even the most leftward of the Lefties are willing to concede this point.

Just last week, in fact, San Francisco?s own Sen. Dianne Feinstein got a bit testy when hearing the testimony of Luis Barker, former chief Border Patrol agent for the El Paso region. Feinstein asked Barker what measures a Border Patrol agent should take when attempting to stop a fleeing Mexican drug smuggler.

?Measures other than deadly force,? Barker replied. Feinstein fired back, ?No wonder we have so many drugs coming over the border.?

There is a region near our southwest border, however, that the wisest traficantes de la droga tend to avoid.

Why?

Because Maricopa County Sheriff Joe Arpaio is there?and he?s bound and determined by oath to uphold the law.

Maricopa County is the fourth most populated county in the nation (3,768,123 U.S. citizens), with Phoenix as its county seat. In 1992, the good citizens of Maricopa County saw fit to elect an Army veteran and career federal drug-enforcement agent as their sheriff, on the promise that he would treat those convicted of crimes like criminals, rather than a social-welfare constituency. Since then, Sheriff Arpaio has been re-elected every time he faced the voters, because he and his 3,000 employees are keeping that promise.

Here is a sample of justice served at the Maricopa County Sheriff?s Office (MCSO)?a good model for the rest of the nation.

Criminals in Maricopa County Jail can no longer smoke or drink coffee. ?This isn?t the Ritz-Carlton,? Sheriff Joe informed his indignant inmates. ?If you don?t like it, don?t come back.? The Sheriff also discontinued inmate subscriptions for pornography. He revised the jail menu offerings, reducing the cost of meals to 40 cents per serving?and requires that the inmates pay for them. When they complained that he feeds his police dogs better, Sheriff Arpaio responded with characteristic compassion: ?The dogs never committed a crime and they are working for a living.?

The jailhouse weight rooms are gone, too, but there?s plenty of exercise to be had on one of Sheriff Joe?s chain gangs. These include chain gangs for women, so Arpaio can?t be called a chauvinist or sued for discrimination. ?Crime knows no gender,? he says, ?and neither should punishment.? MCSO chain gangs clean streets, remove graffiti and bury the indigent.

He also started juvenile chain gangs for youthful gang bangers and launched rehab programs like ?Hard Knocks High,? the only accredited high school run by a Sheriff in an American jail, and ?ALPHA,? an anti-substance-abuse program that has greatly reduced recidivism?the rate of reconvictions.

The Sheriff disconnected the MCSO jail?s cable TVs until criminal lawyers pointed out that he might be in violation of a federal-court order. So he hooked the cable up again, but piped in only the Disney and Weather channels. Asked by a reporter why he chose the Weather Channel, he replied, ?So they will know how hot it?s gonna be while they are working on my chain gangs.?

Sheriff Arpaio also used canteen funds to purchase former Republican Speaker Newt Gingrich?s history lecture series on DVD, which he shows in the jail. Asked by a reporter if he provided equal time to Democrats, Sheriff Arpaio said, ?Some might say these guys already got enough of those ideas.?

Additionally, on Friday nights, inmates are treated to classic ?G?-rated movies, and recently, the Sheriff launched KJOE radio, an in-house broadcast station, which plays classical and patriotic music, as well as educational programs.

Sheriff Joe has even posted a ?Hall of Shame? Web page dedicated to deadbeat parents, which lists photos and descriptions of parents who owe back child support, etc.

But Arpaio is probably best known by convicts, and most loathed by them, for establishing a ?tent-city jail.? When he first took office, non-violent offenders were routinely released in order to alleviate prison overcrowding, but the new Sheriff put a stop to that, which swelled the ranks of inmates. On behalf of taxpayers, Arpaio opened a tent-city jail in order to avoid building an expensive jail annex.

The tent city, surrounded by razor wire, houses thousands of inmates, most of whom get a bit uncomfortable in the 115-degree summer heat. Arpaio gave the inmates permission to dress down to their boxer shorts?shorts which, like socks and towels, are dyed pink so as not to be stolen. Of course, some of the longer-term inmates complained, but Sheriff Arpaio responded, ?It?s 120 degrees in Iraq and our soldiers are living in tents, too, and they have to wear full battle gear, but they didn?t commit any crimes, so shut your mouths!?

In 2005, responding to limited federal enforcement resources to secure our borders, Arizona passed a law making it a felony (punishable by up to two years in prison) to smuggle anyone across the border. In addition, the Maricopa County Attorney issued a legal opinion that anyone being smuggled can be charged under the same law as a co-conspirator. (At last count, 14 other states are revising state legislation and stepping up their prosecution of illegal aliens.)

Consequently, Sheriff Arpaio issued instructions to his deputies and civilian posse to round up illegal aliens. ?My message is clear: If you come here and I catch you, you?re going straight to jail... I?m not going to turn these people over to federal authorities so they can have a free ride back to Mexico. I?ll give them a free ride to my jail. I?m going to put them on chain gangs, in tents and feed them bologna sandwiches.?

The Sheriff also gives his inmates, who do not speak English, a two-week basic language course built around American history. He explains, ?These inmates happen to be incarcerated in the United States of America. In Maricopa County where I run the jails, we speak English.? At the end of the course, they are required to sing ?God Bless America? and ?The Star-Spangled Banner.?

Lately, Sheriff Arpaio?s detractors have been turning up the heat on him.

Last week, Arpaio set up a hotline that allows citizens to report suspected illegal aliens to the sheriff?s office. Predictably, Latino leaders voiced their displeasure: ?What right does he have,? inquired Phoenix attorney Antonio Bustamante, ?to investigate people based on the color of their skin, or their accent or the way they look?? Added Mary Rose Wilcox, a Maricopa County supervisor, ?We feel the chances of being racially profiled just went up dramatically.?

Of course, Arpaio is opening investigations only on the basis of a suspected felony violation, not race or ethnicity. ?There?s nothing unconstitutional about putting up a hotline,? Arpaio said, pointing out that U.S. Customs and Border Protection, and Immigration and Customs Enforcement, have similar hotlines.

There are other legal challenges to the Sheriff?s ?unorthodox? methods for dealing with criminals?challenges that emanate from the Left?s preference to view criminals as victims. Not one to shy away from a fight, Arpaio has said he will go ?all the way to the Supreme Court? to fight those challenges. ?I?m going to keep locking them up,? he says.

?Justice,? in the words of James Madison, ?is the end of government. It is the end of civil society.? Thank God that there are still men among us like Joe Arpaio?those still willing to dispense justice and defend civil society.

(Sheriff Arpaio and his wife of 48 years, Ava, have two children and four grandchildren?all residents of Phoenix. Earlier this year, he accepted an appointment as honorary state chairman of Mitt Romney?s presidential campaign. Through it all, Sheriff Arpaio has retained his sense of humor. In May, after Hollywonk Paris Hilton?s conviction, he contacted Los Angeles authorities and asked if they would like to transfer her to Maricopa County jail to serve out her sentence. They ?respectfully declined,? he notes.)

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Discussion is locked

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If interested or curious ...
Jul 28, 2007 9:14AM PDT
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Found this interesting
Jul 28, 2007 12:28PM PDT
Sheriff Arpaio remains steadfast in his policy decision requiring deputies to arrest and bring directly to jail anyone found abusing or neglecting animals. In 2007 so far, his animal cruelty investigations unit has investigated 1,111 (one thousand eleven) cases.

I like the idea that those that neglect or abuse animals go directly to jail. This is about a woman that was willing to throw her children and her puppy under the truck to keep her boyfriend from leaving. Only the puppy was killed but she didn't seem to care if her children were hurt.

Did wonder if the actual figure was 1,111 or 1,011.

Diana
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Animal abusers
Jul 28, 2007 12:36PM PDT

are just a hair trigger away from being people abusers (if they aren't so already but haven't been reported). Round 'em now so you won't have to round 'em up after they've really hurt someone.

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I too appreciate that he and his personnel do this ...
Jul 29, 2007 2:22AM PDT

because far, far too many law enforcement officials place animal cruelty and abuse way too far down on their list of priorities.


RE: Did wonder if the actual figure was 1,111 or 1,011.

An important consideration because the difference could be as high as 60% or as low as 10.1% depending on whether the numbers are decimal or binary. Wink

Recidivism is pretty low in his jurisdiction.

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Wouldn't that be something
Jul 28, 2007 12:50PM PDT

The Texas Three end up in Joes Place?

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Something tells me that they'd be
Jul 29, 2007 12:15PM PDT

the only three inmates who are intentionally armed by the guards...

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Careful there because that response ...
Jul 30, 2007 1:43AM PDT

is likely to get deleted ESPECIALLY if you point out that it is common knowledge (as well as a matter of law) that Federal Prison prisoners do not get handed over to County Jail systems.

(I speak from experience on this from a deletion of message point.)

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Response
Jul 30, 2007 1:57AM PDT
Federal Prison prisoners do not get handed over to County Jail systems

No, they certainly don't, considering, your buddy the Sheriff says

"I?m not going to turn these people over to federal authorities "

Immigration and illegal aliens is that a "Federal" jurisdiction?

And the sheriff runs a "county" jail.

How does that work?

If immigration is Country jurisdiction, then I withdraw all my statements, and I was wrong and you were correct.
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(NT) County NOT CountRy
Jul 30, 2007 2:00AM PDT
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Counties can have jurisdiction
Jul 30, 2007 2:27AM PDT

over illegal immigrants as long as they have laws that apply to it, which this one does.

The Feds, though, probably have superceding jurisdiction, allowing them to take custody of offenders if they choose to.

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It recently became law in my county....
Jul 30, 2007 2:46AM PDT

...... that local authorities can access the database to check on immigration status when arrests are made.

After those arrested are tried, convicted, and served their sentences. they are then turned over to the immigration authorities.

More counties in my state are applying for the same.

Angeline
Speakeasy Moderator

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Anyway
Jul 30, 2007 2:48AM PDT

My original Statement

Wouldn't that be something if Texas Three ended up at Joe's Place

Ed Said

Federal Prisoners don't go to State/County Jails

So

IF they did end up at Joe's Place

It REALLY would be something.

There Ya' go.

My Original statement was correct.

And so was Edward's

Only persons convicted of violating Federal laws (that is, laws of the United States) are sent to Federal prisons. Some individuals awaiting trial for violating Federal laws are also held in Federal prisons. While the Federal Bureau of Prisons (Bureau) does house a few state inmates, most inmates convicted of violating state or local laws are sent to state prisons or city or county jails

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So if I said
Jul 30, 2007 8:35AM PDT

"It would be interesting if the Moon were made of cheese", my statement would be correct.

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Interesting?
Jul 30, 2007 10:35AM PDT

appealing or entertaining

Nah, don't think so.

It would be "something" though.

That's a great word isn't it?

Saves a lot of thinkin'.

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But
Jul 30, 2007 10:49AM PDT

My statement still wouldn't be wrong. That is something.

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(NT) You asked, I told, We don't agree, OK. Fine
Jul 30, 2007 11:29AM PDT
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correct al the way
Jul 30, 2007 12:24PM PDT

IF the moon were made of cheese, it WOULD be interesting


.,

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If you actually read the original info you ...
Aug 1, 2007 7:17AM PDT

couldn't help but understand that he is enforcing state and local laws on ILLEGAL ALIENS. This time I will point it out to you but you should really do your "homework" before inserting hoof in mouth:

In 2005, responding to limited federal enforcement resources to secure our borders, Arizona passed a law making it a felony (punishable by up to two years in prison) to smuggle anyone across the border. In addition, the Maricopa County Attorney issued a legal opinion that anyone being smuggled can be charged under the same law as a co-conspirator. (At last count, 14 other states are revising state legislation and stepping up their prosecution of illegal aliens.)

Get it? Got it? Good!

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RE: Get it? Got it? Good!
Aug 1, 2007 10:49AM PDT

No so fast!

So what do YOU want?

You want a Sheriff to enforce the letter of the law AND you want 3 people that went through the system and were found guilty, to be let go.

JUSTICE FOR ALL!!!!

You'll decide, not the decider?

A parting of the ways?

I guess YOU can have it both ways.

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Well then,
Aug 1, 2007 10:54AM PDT

That would be something

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Yes, I do want ILLEGAL ALIENS caught and ...
Aug 2, 2007 5:31AM PDT

deported if they have not committed any other criminal activities but only deported after punishment if caught as a result of the commission of other crimes.

The two border agents and the Texas Deputy were RAILROADED, not given "fair trials". Sutton failed to introduce exculpatory evidence in a manner reminiscent of a certain prosecutor who attempted to RAILROAD some innocent LaCrosse players.

The Border Agents and Texas Deputy were doing their jobs and even in the recent Senatorial hearings Senator Finestein was even rather perturbed about it as things became clear. The ILLEGAL ALIENS involved in the incidents were NOT doing their jobs (unless you consider attempting to smuggle a van load of drugs honest employment).

Sutton was acting at the behest of a Mexican drug cartel and his allowing the drug runner carte blanche exit and entrance into the US and immunity for crimes for his testemony was responsible for the same runner bringing in another load under the auspices of a Federal Prosecutor.

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RE:Sutton failed to introduce exculpatory evidence
Aug 2, 2007 5:57AM PDT

Well then they should appeal.

If they were found not guilty of not reporting firing their weapons ( they did not report firing their weapons, didn't they).?

Would that be a fair trial?

I've heard lots of stories about what the border agents are involved in. Some were found guilty of smuggling aliens and drugs.

Were they all railroaded?

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They are appealing but ...
Aug 3, 2007 7:46AM PDT

remain incarcerated during the process.

If they were found not guilty of not reporting firing their weapons ( they did not report firing their weapons, didn't they).?

That was actually handled precisely in accordance with Border Patrol regulations. Two supervisors arrived on the scene shortly after the shooting and were heard discussing the shooting so it is logical that they were aware of it. In accordance with the agency's firearms policy, employees who participate in or observe a reportable shooting incident are required to "orally report the incident to a supervisor... within one hour ofthe time the incident occurs or within one hour of the time the employee becomes aware of the incident." The maximum penalty for the first instance of failing to do is a a five-day suspension without pay.

Additionally, they were each given an additional 10 years on their sentence at Sutton's instigation for using a firearm in the commission of a crime and the U. S. Attorney's Office was not required to charge Agents Compean and Ramos with using or carrying a firearm during the commission of a crime of violence. It is doubtful that Congress ever intended that this provision be used against law enforcement officers who normally do carry firearms in the performance of their normal duties and the Congressional Investigations to date agree that this was not the intent of Congress.

Would that be a fair trial?

This question makes absolutely no sense within the context of your post. What trial?

I've heard lots of stories about what the border agents are involved in. Some were found guilty of smuggling aliens and drugs.

NO ONE has ever claimed that all border agents are pure as the driven snow BUT prosecuting them AFTER they had performed their duties and for performing those duties and at the behest of the Mexican drug Cartel and giving complete immunity and access to the States to a known drug runner who "imported" additional drugs (he was caught doing so before the immunity was granted but was given the immunity anyway) and insisting to the judge that the jury not be told about it is not indicative of a bad agent, but of a bad prosecutor.

Were they all railroaded?

You know full well that NO ONE has suggested that all were railroaded BUT it would pay to take a closer look at the transcripts of those in which Sutton had a hand.

You can read for yourself what the national Border Patrol Council has to say, including how agents not even involved were granted immunity for their testemony (since they weren't involved why would they need immunity?) as well as how some jurors stated that they had been mislead and informed that they had to go along with the rest.
http://rohrabacher.house.gov/UploadedFiles/NBPC%20rebuttal_to_sutton.pdf

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Put him in charge of........
Aug 4, 2007 3:46AM PDT

...border security and illegal immigration !