Does my friend have a logical/valid constitutional defense?

dadadies

New Member
Does my friend have a logical/valid constitutional defense?

First of all, neither of us know the law. Now lets begin.

A friend is about to be imprisoned for not having a job. Or ultimately for violating his federal supervision of which one of his conditions says 'you must work'. Technically he cannot work as he has mental disabilities, autism, adhd, ptsd, depression and so on. He has an official clinical diagnosis for these problems. He says that the condition is unfair and cruel, and not productive or realistic in his case. Because he will be imprisoned for not having a job, or not being able to work, then released and then imprisoned again for not working, over and over. There is nothing good in that at all. Is this the point of supervision and the legal system?

Additionally, he says that even if he could work, it violates his constitutional right to work or not to work, and that exploiting and abusing a vulnerable population like felonies, by the court and PO office, to comply to unconstitutional laws or force, is still unconstitutional and wrong, even if felonies apparently have no right to question or challenge such unconstitutional laws. This is where I agree with him but I think there is some sort of legal shenanigan where the court and PO office can infact force him to do whatever they want or else be imprisoned, including killing babies of a certain color, and he and other felonies will not be able to question and challenge it. And the people will praise the government all of their days.

In the end, the supervision system allows for and encourages the practice of covertly subverting and circumventing basic constitutional rights. For now it is just with felonies. But I feel like the chinese americans or russian americans will be next. Who knows.

He says that even if felonies lose certain rights, the supervision system should be used just for monitoring felonies, just as its name suggest, and not to abuse and exploit the vulnerable population felonies, especially by violating constitutional rights. That extra stuff should be in another system called 'abusing and exploiting felonies after they have served their time.'

I guess there is some legal shenanigan I am missing. Maybe its simply that felonies do not have rights and anything can be forced against felonies.

But anyways, hopefully he has some valid points and a constitutional defense somewhere. He is thinking of making it a national issue, raising funds for a legal team, and doing a lawsuit against the federal government, specifically how the supervision system allows for the court and PO office to do whatever it wants to felonies beyond supervision. It might be a tough one as it is all over the place, but I support him. For me, excluding all the other factors, I think it is unconstitutional to imprison someone simply for not working, not having a job, or not being able to work, no matter their status, but especially if they are a vulnerable population like felonies. Its abusive, exploitative, and not even supervision.

He has a whole nother lawsuit in mind. But that one is even more troublesome.
 
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It is part of the conditions of parole/ probation. It is the way this system work for rehabilitation. You commit a crime, you must pay the penalties for the crime, It is Felons by the way. I assume he/ she committed felonies to land themselves in this situation.
 
A friend is about to be imprisoned for not having a job. Or ultimately for violating his federal supervision of which one of his conditions says 'you must work'. Technically he cannot work as he has mental disabilities, autism, adhd, ptsd, depression and so on. He has an official clinical diagnosis for these problems. He says that the condition is unfair and cruel, and not productive or realistic in his case. Because he will be imprisoned for not having a job, or not being able to work, then released and then imprisoned again for not working, over and over. There is nothing good in that at all. Is this the point of supervision and the legal system?

A person disobeys the law, gets arrested, and is convicted of committing felonies (plural)!!!

Somehow the person obtains SUPERVISED release and one of the release conditions requires the CONVICTED FELON to maintain employment. Staying TRUE to the FELON IDEOLOGY, the person refuses to work.

Why????

Why support myself, the felon muses, when its easier to commit more crimes against weaker, vulnerable human beings?

"Oh come on, says the convict, I got issues, can't you see? I be looney like Bugs Bunny or Elmer Fudd. I gots me the PTSD," says the CONVICT, "I gots rights. Youse ignoring me rights."

Ain't this country wonderful????

Only in the good, old USA could such things occur.
 
A friend is about to be imprisoned for not having a job. Or ultimately for violating his federal supervision of which one of his conditions says 'you must work'.

I find it amusing that your post just glosses over the fact that this person is a convicted felon. In any event, he's not going to be imprisoned for not having a job. He's going to be imprisoned for his criminal conduct. He avoided imprisonment initially on various conditions that he either is unable or unwilling to satisfy.

he says that even if he could work, it violates his constitutional right to work or not to work

As you noted, neither you nor your friend know the law. There is no "constitutional right to work or not to work."

exploiting and abusing a vulnerable population like felonies

You mean like the way felons exploit and abuse their victims?

unconstitutional laws

Such as?

The rest of your post is pretty much nonsense. Your friend needs a lawyer.
 
I agree, with the obvious exception of the Constitution's prohibition against slavery.

And even that isn't true in the case of a convicted felon.

Amendment XIII (1865):

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
 
And even that isn't true in the case of a convicted felon.

Amendment XIII (1865):

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

I agree with your analysis.

As a practical matter, states don't punish inmates who refuse to work. States today, as does our federal government, choose to REWARD inmates for working.

Contrapositively, inmates choosing NOT to work, simply don't receive the aforementioned rewards.

The only exception I'm aware of today involves military personnel incarcerated as the result of a special or general courts martial verdict.

WHAT TYPES OF PUNISHMENT CAN BE IMPOSED IN CORTS-MARTIAL CASES?
The UCMJ authorizes 9 types of punishment for different types of offenses: punitive discharge, confinement, hard labor without confinement, restriction, reduction in grade, fine, forfeitures, reprimands, and death.

WHEN DOES THE PUNISHMENT BECOME EFFECTIVE?
A punitive discharge does not become effective until the appellate review is complete. Forfeitures in pay and reductions in rank take effect either 14 days after the sentence or when the Convening Authority approves the sentence. There are automatic forfeitures if the sentence is more than six months or a punitive discharge is imposed. Fines are due immediately. Confinement credit begins to accrue the day that it is adjudged.

Court-Martial Consequences | Daniel Conway & Associates
...
 
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