PUBLIC INTEREST ISSUES:
Please review the Application for Clemency (Form ADM1501).
Please notice that there's no required declaration on behalf of the
applicant, stating that all false reports to authorities were corrected.
A convicted felon may apply and receive clemency
without correcting any public records that were falsified as a result of
giving a false name, false identification or any other false statement.
In order to prevent abuse to public records, perhaps the form should require
the applicant to stipulate, under oath, that there were no false
statements to authorities that remain uncorrected, and there were no
other crimes committed that are left unprosecuted. When we file an
income tax return, it states clearly:
Under penalties of perjury, I declare that I have examined
this return and accompanying schedules and statements, and to the
best of my knowledge and belief, they are true, correct, and
complete. Declaration of preparer (other than taxpayer) is based on
all information of which preparer has any knowledge.
If a statement such as the above is necessary to file an income tax
return, as most law abiding persons file annually, a felon should file a
similar declaration, in the interest of public safety and accurate
public records, in regard to his crime(s). Here's a sample of such
Under penalties of perjury, I declare that I examined this
request for clemency, and to the best
of my knowledge and belief, it is true, correct, and complete.
I declare that I haven't committed any felonious crimes since my
conviction, and I didn't falsify any record, or make false
statements to the authorities and to the courts that need correction at this time.
There's no public or other record that needs correction as a result
of any false statement related to the above or other crime; known or
unknown to the State of Florida.
I am not a lawyer. The above is rather self-explanatory.
Convicted felons should bear the responsibility to fix their mess before applying for clemency.
The applicant for clemency should have a deadline to do so or face
revocation of clemency, if granted. Ask your attorney about the following statute:
Florida Statutes > Title
XLVII > Chapter
§ 901.36 - Prohibition against giving false name or false
identification by person arrested or lawfully detained; penalties;
Although the above statute provides a way to motion a court to correct a
record, there's no duty for the felon to do so. The issue at hand
does not cast any negative reflection on the Office of the Governor of
Florida. Rather, it's the felon that's using the false name or the
false ID. Keeping that in mind, perhaps the loophole should be
closed off to prevent further abuse and manipulation of the system.
INACCURATE PUBLIC RECORDS; PROBLEMS FOR LICENSED PROFESSIONALS AND
PRIVATE INVESTIGATORS-- A PUBLIC SAFETY ISSUE
When providing a tip to law enforcement, there is no definitive way of
confirming much of the information unless supported by public and
private sources when public records are inaccurate.
Licensed private investigators and unlicensed persons should not
hesitate to report something suspicious or possible illegal. Hesitation
in making a report, may permit time for criminal conduct to continue and
to unnecessarily bind the hands of the person making the report. The
public is exposed to additional and unnecessary risk.
If a private investigator or other citizen investigates the suspicious
activity or illegal behavior before making a report, this may lead to
heightened risk or tip off the criminal of any investigation. The
Subjects is given time to change his game, flee, or think how to cover
Other licensed professionals may not make a report to law enforcement if
sanctions may be filed against their respective licenses(Private
Investigators, Pharmacists, MD's, Psychologists, Psychiatrists,
Accountants, Home Inspectors, Engineers, Building Code Inspectors).
Excessive litigation already poses a hindrance to business and licensed
professionals. Since a licensure complaint is free, anyone can make a
charge that a licensee made an improper report; when made in good faith.
is not up to the citizen or licensed private investigator to make a
determination if the information is complete enough for law enforcement,
or warrants an inquiry. Law enforcement may have other pieces of the
puzzle to initiate an investigation.
A conflict exists when
citizens and licensed professional report suspicious and possible
illegal activity, and then must fear a hammer as a possible negative
consequence in making a report. Licensure sanctions may open the door
to litigation against those who filed a report in good faith.
Even if there's no disciplinary action, the mere mention of a possible
sanction for reporting possible illegal conduct, that later turns out to
be benign, is chilling and discourages the voluntary sharing of
information with law enforcement.
The Department of Homeland Security promotes the idea, "See Something
Say Something." The possibility of disciplinary action makes the
reporter second guess the information, and may discourage any report.
Public safety suffers.
SEPARATE BUT RELATED IN TERMS OF FALSE IDENTITIES: MULTIPLE IDENTITIES AND ILLEGAL ALIENS:
MIDDLE EASTERN MEN CROSSING THE BORDER INTO THE UNITED STATES AND
OBTAINING A U.S. DRIVER'S LICENSE UNDER AN ASSUMED NAME; MEXICAN
Today, someone can obtain a false driver's license within ten to
business days. In the states of California, Texas and New Mexico,
illegal aliens routinely buy a birth certificate on the street for $100.
Then they visit the local Mexican consulate and obtain an ID called a Cedula. They walk into DMV in California and obtain a driver's
license. Today, an illegal alien is able to obtain several
driver's licenses under varied names, collect assistance, vote, and
evade a warrant for an arrest. Thanks to face recognition
technology, these identity theft practitioners are caught from time to
time. It takes a year or more for the computers to scan the
photographs and match them up.
As we speak, there are large
numbers of illegal aliens crossing the US border who aren't Mexican.
They include nationals from Syria, Egypt, Iraq, Iran,
Morocco, Turkey, Saudi Arabia, Jordan and others. They
learned Spanish in Mexico and after two years, they cross into the
United States passing as Mexican. These men wear clothing
customary to locals in Mexico, and then buy a birth certificate on the
street under an assumed name. They adopt the name that's on the
purchased birth certificate. Thereafter, they obtain a Mexican Cedula, and then apply for a driver's license from California.
From there, they often move to states such as Colorado, North Carolina,
or Pennsylvania. Due to the porous nature of the US border, and
the apparent ease a real driver's license may be obtained under
fake name, this is an urgent national security issue. Communities,
on a local level, don't enforce immigration laws relegated to the
federal government. Many times, police departments have a policy
that they won't enforce certain laws; such as a law mandating car
insurance. In many towns throughout Texas, many illegal aliens
aren't apprehended for the same acts committed by a US citizen.
Acts involving drunken driving, petty theft, and other non-violent crime
are selectively enforced. The smaller communities prefer to make them move
along then spend precious resources on enforcement.
SANCTUARY CITIES FOR ILLEGAL
A Sanctuary City is a term
describing a city that protects illegal aliens and doesn't enforce
immigration laws. This is an internal policy within local and
municipal government and not law. Examples of sanctuary cities are
Santa Ana, CA
San Jose, CA
El Paso, TX
Jersey City, NJ
These cities contain the most
Mexican nationals with fraudulent US identities.
AMERICANS WITH FAKE MEXICAN
Most people are amazed at how easy it is
for an American to obtain a Mexican identity, and then apply for a
Mexican passport. Americans also buy these Mexican birth certificates, visit
the consulate of Mexico and obtain a Cedula. Thereafter, they apply for a
passport as a "Mexican citizen" and travel internationally. It is
possible to obtain several identities in this manner. The porous
nature of our open borders, and use of fraudulent identification, is a
national security concern and a personal security issue. When
felons can obtain alternative identities, re-enter the United States and
do business in the U.S., we have a problem. This is also a problem
in Mexico. There's not much they are able to do about this
FACIAL RECOGNITION SOFTWARE
What's to stop any national
from assuming anyone else's identity? Not much. Facial
recognition software usually takes twelve months to make a match of
the same face on two different ID's. Add another six months
for prosecution, and you have a typical eighteen month lag to stop
the craziness involving just one person.