1st Court action --- request for a Declaratory Judgement (DE Superior Court,
Chancery Court, Federal District Court, 3rd Circuit Court of Appeals,
U. S. Supreme Court as Docket Number 97-631, denied Oct. 1997).
Question, "Is the practice of Probation - no prison time for a felony
conviction - Constitutional?", or does it demean the dignity and
responsibility of Jury to reach a verdict.
The Judges decided I had insufficient injury to ask the question!!!
2nd Court action --- in progress with Judge Cooch and the Delaware Superior Court.
Calling on the State Attorney General to respect the contract by State
law to provide schooling for the Defiant Truant Youth.
I propose Study Cells.
I have requested a Jury Trial. I am filing pro se. Lawyers advise me, but
they see no possibility of success.
September 9, 2003 Considerations for Jury in Superior Court
Theory: TRUST is fundamental to our living together as a Community of Citizens. We cannot fear each other.
TRUST is fundamental to our Business activities. We cannot cheat each other.
Practice: Our Prisons are intended to discipline (teach) those who need to understand a penalty for harming or stealing.
Practice: We have schools to teach our laws and customs to normal Students. We offer summer school to slow students.
Special schools are available to the Handicapped and Mentally Challenged. We even provide
Alternative Schools for those with behavior problems. BUT --- we have nothing for the Defiant Youth,
except Suspension and Expulsion! He taunts us with, "So what! What are you going to do about it?"
Duty: Delaware State Law Volume 14, Chapter 27, Paragraphs 2701, 2702 and 2722 require that I enroll the Youth, and the State will teach him.
I see this as a CONTRACT between the Parent/LegalGuardian/Taxpayer and the State.
I enroll/you teach. I pay/you teach.
Breach of Duty: The Attorney General tolerates truancy/bullying (from the Defiant Student), and the Attorney General ignores suspension/expulsion (from the School Administration).
Remedy: I propose that we offer self-training from videotaped instruction in Study Cells to the Defiant Youth.
It is technically practical for schools to record absences in a data base so that the Attorney General's Staff can respond to worst cases first.
If it is reasonable to spend no more on a Truant or Felon than we do for a law-abiding Student, then his annual school allowance will suffice.
I therefore ask the JURY to decide in favor of constructing a Study Cell demonstration structure on the vacant property at Gander Hill for 1000 Defiant Youths, at a cost not to exceed $8,000,000.
L. H. Beck v. DE Attorney General Case # 03M-11-115-RRC
Opening Address to the JURY
Men and Women of the Jury, I thank you sincerely for accepting this most important Community service. Too many Students are afraid to go to school, and too many Teachers are afraid to correct their classes because of Defiant Youths. These are the bullies and truants who treat schools as a joke --- a place to entertain themselves while they ridicule others. ---then they leave the classroom to roam OUR neighborhoods, looking for opportunities to steal and vandalize.
Their means of support is by theft and drug sales.
I will ask you to decide FOR a separate school for the Defiant Youth, a unique facility where he will learn to care for himself and others.
We face a serious deterioration in our Schools. The PROBLEM is Truancy, Suspension and Probation!.... In each case, NO CORRECTIVE ACTION for a serious violation.
The challenge is NOT adequate legislation, but rather adequate ENFORCEMENT.
Today I offer you a COMPLETELY NEW WAY to deal with our Defiant Youth. The young man and young woman who sneers, "So what, What are you going to do about it?"
First, however, we must agree that schooling is important.
ALL our Youth MUST LEARN to be responsible! Individual Responsibility is the essence of our Constitution. We are NOT irrational animals. The Defiant Youth can, and MUST learn to deal with himself. My job is to convince you that WE can do it!
And who am I? I am Leonard Henry Beck, retired Doctor of chemistry. I applied technology at the DuPont Chambers Works for 29 years in the production of dyes, polymers, soaps and medicines. for example, I have the process patent for Stainmaster purification and formulation.
I wish to be your Technology Tour Guide --- we have many wonderful opportunities for our Youth.
I am married to Florence Ann. We have lived in Limestone Gardens near Limestone Road, for 40 years, and have 5 Daughters and 5 Sons with 20 Grandchildren. --- thus my concern for schools and safety.
I study Criminal Justice at DelTech and UD, and I volunteer to teach Thresholds Decisions at every prison in Delaware. For the past 5 years I have been assigned to encourage a program for the Youth at Ferris.
I am NOT asking for money.-- I am simply asking for a separate school for the Defiant Youth. And it requires that You, the Jury, must impose such a verdict.
As you know, we have regular schools for regular students, summer schools for slow students, schools for the handicapped and the mentally challenged, and Alternative schools for students with behavior problems. BUT, no schools for the Defiant Youth, the youngster who says, "I'm not interested in school, and what are you going to do about it?" I hope you have never met or been confronted by a Defiant Youth. He is the robber, the cruel assult, the rapist who has no conscience and no regard for the feelings of others. I am NOT talking about the mischief of a Bart Simpson, for example. (the TV cartoon character)
*** This is the Key,
***I am advocating for a school for the Defiant Youth that costs us no more than his already budgeted expense for a normal school. This is a challenge! This will require technology.
The program for the Defiant Youth will also be available to the Defiant Adults. --- I think you will will agree that the program must be able to deal with the most violent Adult Felons, and yet be sensitive to the needs of all.
My personal philosophy is that the Purpose of Life is to Learn to Love. (myself, my neighbor, and the source of love). In a nutshell, this is who I am and what I will demonstrate for you.
We can all be very proud of our Delaware Schools and Prisons. Commissioner Taylor has initiated many good programs, with Teachers, Counselors, Psychiatrists, Psychologists, Physicians, courses, trades, and professions. For example, nursing, GED, auto mechanics, printshop and landscaping, ...and Many more that I am not personally familiar with.
I want it ALL available to EVERY trua/felon on videotape, to make it practical and economical!
Some people say this program is too severe, the inmate is too confined, the accomodations are too limited. Others say the program is too generous, I'm giving away the store, the mean abuser needs to be severely punished to atone for his cruel crime. Perhaps this says the program is about right, in the center of not too easy and not too hard.
Why do I need the help and cooperation of you the Jury? Because
You the JURY speak with more authority than Legislators and Judges. Do you know you are related to Article III of the Constitution of the United States, and SIX of its first 10 Amendments!
(quote from each - 3 thru 8)
President Thomas Jefferson in 1789 told Thomas Paine, "I consider Trial by Jury as the only anchor yet devised by man, by which a government can be held to the principles of its constitution." and here is the clinchher!!!
Our first U.S. Supreme Court Chief Justice John Jay, writing in Georgia v. Brailsford, 1794, concluded: "The Jury has the right to judge both the law as well as the fact in controversy."
And, WHAT IS the Fact in Controversy??? Simply that we respond promptly to the Defiant Youth, the Truant Youth, the Suspended Youth of today, BEFORE he becomes the convicted Felon of tomorrow.
I respect our learned Judge and Attorney General, but I tremble before you the Jury --- because ONLY YOU can find the System guilty of neglect, and impose a sentence to correct it.
I have taken the issue before Governors, Senators, Representatives, Judges, Professors of Criminal Justice, Clergy, Lawyers, Editors, Labor Unions, the NAACP and the ACLU.
All are content to advise, "Good Luck!" (dramatic pause for reflection)
You see!!! ONLY YOU can find the System guilty of neglect, and impose a sentence -- for a separate school for the Defiant Youth, to correct it
I plan to offer evidence of the problem, and demonstrate a very practical solution....
I ask the Attorney General, "If this is not the finest program for law enforcement, what is?".