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Re: Lack of standing (corpus delecti) in criminal and civil cases

Mtn Dew — Thu, 08 Apr 2010 18:33:55 GMT

bbnet:

From a libertarian/ancap perspective all gov actions are invalid but I am seeking information on reliable methods of how to win their game using their own rules against them

You can't. See the previous post. Using logic and the written law don't matter.

Re: Lack of standing (corpus delecti) in criminal and civil cases

bbnet — Thu, 08 Apr 2010 17:58:52 GMT

From a libertarian/ancap perspective all gov actions are invalid but I am seeking information on reliable methods of how to win their game using their own rules against them.

Initial post was inspired by Marc Steven's essay Bureaucrats Never Have a Case and a close friend's recent incarceration for actions which violated nobody.

Being a plaintiff against the state is likely to be a losing battle since they write the rules but is there any proven means to salvation for defendants being persecuted by the state for so called victimless crimes?

Re: Lack of standing (corpus delecti) in criminal and civil cases

E. R. Olovetto — Thu, 08 Apr 2010 16:52:45 GMT

Even if rights were violated and a certain punishment meted out, the case could be re-examined because any ruling of a government official is void ab initio.

wiki:
which means "to be treated as invalid from the outset"

Does this work when the "balance of power" is heavily toward the crooks in control? Obviously not, but it is the libertarian perspective. In the past few years, a guy (taxpayer) in my state pressed charges against the state for violating their own laws regarding pay raises. The courts ruled that the man had no standing, even though he, and others, are victims of theft.

Lack of standing (corpus delecti) in criminal and civil cases

bbnet — Thu, 08 Apr 2010 16:17:52 GMT

If the state was established to protect an individual's rights and one is subjugated as a defendant in a case in which the defendant violated nobody's rights, shouldn't a motion to dismiss the case on a lack of standing be successful?

Are there any holes in the above proposition?

Are there any examples of this tactic being used in successful or unsuccessful manner?

How many laws would be rendered impotent if this method is valid and widely used?