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Fair trials?

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Spideynw Posted: Tue, Aug 18 2009 10:01 AM

In the United States, the government would have us believe that we are entitled to a fair trial (Sixth Amendment).

However, how can one have a fair trial if there is a conflict of interest?  What I am getting at is that in every criminal case in the United States, the judge represents the state and the state is the complaining party!!  Whether it is a speeding ticket or a murder trial, in all criminal trial cases, the judge represents the state and the state is always the complaining party.  Now granted, in some cases there is a jury, and I would say this does mitigate the unfairness of the trial somewhat.  Of course, the state has made it illegal for the defense attorney to advise the jury that they can nullify.

Now, this is nothing necessarily new to any of you, however, I had never really thought about it before running across Marc Stevens and his book Adventures in Legal Land.  I think this guy is a freaking genius.  He shows just how inconsistent and what a fraud the U.S. legal system is.

At most, I think only 5% of the adult population would need to stop cooperating to have real change.

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scineram replied on Tue, Aug 18 2009 10:05 AM

No, the complaining party is the district attorney, the judge is in the judicial branch.

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Bogart replied on Tue, Aug 18 2009 10:14 AM

That would be nice to believe, that judges are impartial arbiters of the Constitution and the prosecution is really concerned about justice,  but I see little of that.  In fact I see the opposite.  I saw 9 justices vote against Miss Kelo when the state came and stole her property when the Constitution has Public Use not Public Benefit as the standard to take property.  I hear of case after case of police being let off free of crimes and cases where citizens are harassed and railroaded into jail cells.

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Spideynw replied on Tue, Aug 18 2009 10:25 AM

scineram:

No, the complaining party is the district attorney, the judge is in the judicial branch.

Have you ever looked at a case?  Every single one says "State of (whatever) vs. Jon Smith" or whomever.  Who represents the State, if not the judge and the prosecuting attorney, both of whom have sworn loyalty to the state?  Or for that matter, who pays the district attorney and the judge?   Are you a democrat?

At most, I think only 5% of the adult population would need to stop cooperating to have real change.

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Natalie replied on Tue, Aug 18 2009 10:31 AM

Checks and balances don't work, especially in regards to the executive branch which has most power over enforcement. I used to respect the Constitution but now I'm wondering if the Founding Fathers even realized the possible consequences of this document.

If I hear not allowed much oftener; said Sam, I'm going to get angry.

J.R.R.Tolkien, The Lord of the Rings

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scineram replied on Tue, Aug 18 2009 10:32 AM

Good point. I am anything but democrat.

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scineram replied on Tue, Aug 18 2009 10:32 AM

Natalie:

Checks and balances don't work, especially in regards to the executive branch which has most power over enforcement. I used to respect the Constitution but now I'm wondering if the Founding Fathers even realized the possible consequences of this document.

 Sure. That is why it was adopted.

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Natalie replied on Tue, Aug 18 2009 11:25 AM

Not everyone agreed to sign it.

If I hear not allowed much oftener; said Sam, I'm going to get angry.

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Spideynw replied on Tue, Aug 18 2009 11:27 AM

Natalie:

Not everyone agreed to sign it.

No one signed the Constitution.  It is just four pages with writing on it.

At most, I think only 5% of the adult population would need to stop cooperating to have real change.

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scineram replied on Tue, Aug 18 2009 11:27 AM

Because they knew what it was about.

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Natalie replied on Tue, Aug 18 2009 11:52 AM

Should have stuck to their guns! Crying

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Natalie replied on Tue, Aug 18 2009 11:53 AM

Spideynw:
No one signed the Constitution.  It is just four pages with writing on it.

None of the now living. I was talking about the Congress, there were disagreements even among them.

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Spideynw replied on Tue, Aug 18 2009 12:06 PM

Natalie:

Spideynw:
No one signed the Constitution.  It is just four pages with writing on it.

None of the now living. I was talking about the Congress, there were disagreements even among them.

No really, no one has ever signed the Constitution.  The supposed "signers" only signed that they were witness to it.  They did not sign that they agreed to it.

At most, I think only 5% of the adult population would need to stop cooperating to have real change.

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Spideynw:
No really, no one has ever signed the Constitution.  The supposed "signers" only signed that they were witness to it.  They did not sign that they agreed to it.

And that is the truth.

Great thread.

"When you're young you worry about people stealing your ideas, when you're old you worry that they won't." - David Friedman
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Spideynw:

Natalie:

Spideynw:
No one signed the Constitution.  It is just four pages with writing on it.

None of the now living. I was talking about the Congress, there were disagreements even among them.

No really, no one has ever signed the Constitution.  The supposed "signers" only signed that they were witness to it.  They did not sign that they agreed to it.

True that. But the states ratified it. Now the question is, how legitimate were the states that ratified the Constitution?

To paraphrase Marc Faber: We're all doomed, but that doesn't mean that we can't make money in the process.
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Natalie replied on Tue, Aug 18 2009 2:54 PM

I wonder what would have happened if at least one of the states didn't ratify it?

Here's the breakdown. Looks like it was a close call in at least a couple of places.

Ratification of the Constitution
  Date State Votes
Yes No
1 December 7, 1787 Delaware 30 0
2 December 11, 1787 Pennsylvania 46 23
3 December 18, 1787 New Jersey 38 0
4 January 2, 1788 Georgia 26 0
5 January 9, 1788 Connecticut 128 40
6 February 6, 1788 Massachusetts 187 168
7 April 26, 1788 Maryland 63 11
8 May 23, 1788 South Carolina 149 73
9 June 21, 1788 New Hampshire 57 47
10 June 25, 1788 Virginia 89 79
11 July 26, 1788 New York 30 27
12 November 21, 1789 North Carolina 194 77
13 May 29, 1790 Rhode Island 34 32

If I hear not allowed much oftener; said Sam, I'm going to get angry.

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Alice replied on Tue, Aug 18 2009 3:02 PM

Spideynw:

No one signed the Constitution.  It is just four pages with writing on it.

as Lysander Spooner pointed out, men would have to be mad to agree to the 'Constitution', in fact no one did and even if they did, they could not bind their descendants to obedience of it.

I am strongly inclined to call myself a Contractarian anymore.

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All Empires have been cemented in Blood..."

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Spideynw replied on Tue, Aug 18 2009 3:05 PM

Alice:
as Lysander Spooner pointed out

I need to read some Lysander Spooner stuff.  Marc references him in his book.

At most, I think only 5% of the adult population would need to stop cooperating to have real change.

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Alice replied on Tue, Aug 18 2009 3:11 PM

Spideynw:

Alice:
as Lysander Spooner pointed out

I need to read some Lysander Spooner stuff.  Marc references him in his book.

Here is a Sean Gabb video where he talks to a group of conservatives and libertarians about rejecting the English constitution.

http://video.google.co.uk/videoplay?docid=-1760896777516663004

Lysander Spooner's No Treason

"The first Accounts we have of Mankind are but so many Accounts of their Butcheries.
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scineram replied on Tue, Aug 18 2009 3:17 PM

Is that not the reason for jury trial?

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Spideynw replied on Tue, Aug 18 2009 3:20 PM

scineram:

Is that not the reason for jury trial?

I agree that does mitigate some of the unfairness of the trial.  However, the judge is still the one that gets to uphold or dismiss arguments.  But, if the jury is informed, they can just nullify the law.

At most, I think only 5% of the adult population would need to stop cooperating to have real change.

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Alice replied on Tue, Aug 18 2009 3:27 PM

scineram:

Is that not the reason for jury trial?

There is no reason we can give that would require any given person to accept the authority of the various state courts, government trials (by jury or not) are invalid because there is no liberty or contract in the arbitration, much less the 'laws' and statutes of the state.

"The first Accounts we have of Mankind are but so many Accounts of their Butcheries.
All Empires have been cemented in Blood..."

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scineram replied on Tue, Aug 18 2009 6:59 PM

Sorry, but disputes have to be arbitrated. Currently state courts do that. Their authority is their guns.

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in governmentauthority is often used interchangeably with the term "power". However, their meanings differ: while "power" is defined as 'the ability to influence somebody to do something that (s)he could not have done' , "authority" refers to a claim oflegitimacy, the justification and right to exercise that power.

 

they have power, not legitimacy. ( they have no authority.)

Where there is no property there is no justice; a proposition as certain as any demonstration in Euclid

Fools! not to see that what they madly desire would be a calamity to them as no hands but their own could bring

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Alice replied on Tue, Aug 18 2009 7:13 PM

nirgrahamUK:

in governmentauthority is often used interchangeably with the term "power". However, their meanings differ: while "power" is defined as 'the ability to influence somebody to do something that (s)he could not have done' , "authority" refers to a claim oflegitimacy, the justification and right to exercise that power.

 

they have power, not legitimacy. ( they have no authority.)

Yes, along the same lines 'somebody has to own property' and the government has a gun; that doesn't mean they actually have a claim on that property.

 

"The first Accounts we have of Mankind are but so many Accounts of their Butcheries.
All Empires have been cemented in Blood..."

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scineram replied on Tue, Aug 18 2009 7:17 PM

 

nirgrahamUK:

"authority" refers to a claim oflegitimacy, the justification and right to exercise that power.

 

they have power, not legitimacy. ( they have no authority.)

Fine. I don't give a shit about that.

 

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fine. maybe one day you will say what you give a shit about.

Where there is no property there is no justice; a proposition as certain as any demonstration in Euclid

Fools! not to see that what they madly desire would be a calamity to them as no hands but their own could bring

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scineram:

Fine. I don't give a shit about that.

I picture foot stomping out of the room, slamming the door, and turning up the radio really loud with some shaking in the hands and knees.

"Do not put out the fire of the spirit." 1The 5:19
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