Well folks, your good ol' American truth teller is well on the path to being seriously disillusioned with even our higher level of "justice." 'Twould seem that the Feds are even worse nitpickers than our state courts, and for a lot less cause, to boot.
Let's kick the game off with the case that occurred while I waited for my release - The Writ of Habeas Corpus. A writ designates this legal action (whatever the action might be) as needing (and seeking) immediate attention; unlike a direct appeal, which could feasibly take a year or better to address (redress they call this.)
As such, the Writ of Habeas Corpus (which in the queen's English means "produce the body") is a demand from the seat of a higher court (on the state level, this would be the Supreme Court of the State, and on the higher level, would involve the Federal District Court. Naturally, if you had a federal case, the appellate U.S. Court would be involved here) to look down upon the lower court, and would ask of them to show just cause as to why the person petitioning the court was being held. If the lower court is unable to show that just cause, they must then release the wrongfully detained person, A.S.A.P. Sounds great and just, does it not? In theory, I suppose...in reality, you should know that certain "catches" abound.
You can petition the writ on both the state and the federal levels. The problem with doing this on a state level (done if your case is a state-level case) is this: If the State is the problem, what good is it to ask the state to look into what the state is doing wrong? Sounds like the start of a conflict of interest case, doesn't it?
Petitioning the writ in Federal court is equally problematic; since the Feds want you to "exhaust" your state level remedies first. Again, if the State presents the problem, then why bother? If you've been sentenced to a year in jail, and it takes 2 years for you to exhaust your state level remedies, they why even offer the writ...at all? This writ, then, really only works for those wrongfully sentenced for 2 or better years, since it takes about that long (or longer) to exhaust all the possible State remedies. Silly me for even trying, right? What was I thinking?
Another thing I note, is that, when asking someone higher up to check up on someone lower down in the judiciary - you're asked to ask the higher ups, then, at the same time, notify the lower downs of your intent to ask the higher ups to check up on them. Just a minute here....does this make a lick of sense? Think about this...if your sister Peggy burns your baseball card collection in the middle of her bedroom floor while your mom is at work, and you decide that you're going to tell on her, what if the house rule read that, in order for you to tell your mother about it, you had to tell your sister you were going to rat her out at the same time; and then, it takes a month for your mom to look into the matter? What do you believe will happen now? Well, what'll happen is, Peggy will have the mess all cleaned up, all the tile replaced, and will have her ass properly covered. How convenient for those of our judiciary, eh? This doesn't really hold any legal water in real time, now does it? The wheels of Federal Justice turn even slower than those in our state courts, so by the time the higher ups look into what the lower downs are doing, the lower downs should have all the paperwork properly placed, and their asses properly covered. Honestly, if this is the best I can expect for the remainder of my state cases, I may as well call it a day.
Some other fabualities (no, no, that's NOT a real word; just settle down, willya?) I note on both judiciary levels:
1. Money is much more important than justice. Filing civil suits in State court costs $185, and $380 on the federal level. What's more, most of the things that need to be done won't be done for you until you pay them. Nine times out of ten, because of this, most cases get dismissed, due to the filing fee not getting paid. Oh sure, you can attempt to show that you're indigent in order to get the filing fee waived, but it could be months before they choose to address that (more time to get your butts covered)...and chances are, it won't get granted. The state also tends to mention the possibility of ADDITIONAL costs, and choose NOT to list these for you beforehand.
2. Everything they bring against you is usually a criminal matter, and costs them...NOTHING. THEIR money is YOUR money, giving them unlimited resources to try you incessantly until they win out or until you give up or go broke paying costs (lawyer, court costs, postage, subpoena and serving costs, etc.) Every action you bring against THEM, however, is almost always a CIVIL action (even if it involves actual crimes the State, County or Feds committed against YOU), and could, ultimately, cost you three times: $185/$380 to file the case; court costs and fees if you lose (and, since attorney's fees are RARELY awarded, those too); plus that same amount of YOUR money (taxes, etc.) that pay them to defend themselves...indefinitely, for what could be YEARS!!!
3. Selective hearing on their part. If it helps them, they hear things perfectly. If it helps you, on the other hand, it's as though it was never said. Logic doesn't tend to lend credence in a court of law these days, only the "Law" applies; even if that law (or case law) is totally illogical. In some cases I've been though, I've found law that actually makes sense, only to later get shot down from the other side with a passage of equal or greater nonsense law from the other side; which is generally why I try to present all of my motions verbally in court. This manages to deprive the other side from hunting and finding some way to weasel out of it using some bullshit passage of case law somewhere.
Probably the biggest and most horrific thing the courts do to win cases against you is the one thing we expect them to do - Use the law against you. "Of course," you say? That's the whole point, isn't it? Well....yes...except that codes and statutes are not real law, remember?
Here's a good example of good ol' legal brainwashing for you. The prosecution, by the way, uses questions just like these to pick (and, of course, excuse) prospective jurors for your trials. Let's see how you answer these (and remember, there aren't 20 other people, including a judge, in the court room that you're worried about knowing how you'd answer them...so be honest!):
1. The "Law" says that the speed limit is 60 m.p.h., and Bill is nailed doing 65 m.p.h. Bill takes the matter to court, and asks for a jury trial on the matter. How do you find Bill, guilty, or not guilty?
You said guilty right? Fair enough. OK, how about THIS one?
2. The "Law" says that the speed limit is 5 m.p.h., and Bill gets pulled over doing 6 m.p.h. How do you find Bill now, guilty or not guilty?
For you stubborn and brainwashed folks, I'm sure you're still going with guilty. A good amount of you, however, are probably sitting on the fence with your answer, and awaiting more possible details before you make up your minds.
Now, whaddya say we get REALLY stupid with this, and go with this one:
3. The "Law" states that the speed limit is 5 m.p.h., and unless the current month starts with "D", it's the 2nd Sunday of the month, and it's after 3 p.m., if you're pulled over with your hand on your head going 5 m.p.h., you're guilty of speeding. NOW how do you find Bill?
If you found Bill guilty of speeding all 3 times, we really gotta have a talk, you and I. See, you said guilty, because you've been brainwashed to believe these three prominent facts of legal American life:
1. The law is the law. If you break the law, you're guilty.
2. The law is the law because of the will of the "People". The "People" includes you.
3. If you're arrested, you were arrested because you broke the law, and you deserve what's coming to you.
What you'll come to discover as you get on in life (especially when YOU'RE the one getting arrested) are these ACTUAL facts, in opposition to those just mentioned:
1. Just because it's a law, doesn't make it a GOOD, FAIR or JUST law (or an intelligently thought out or logical one.)
2. Not every law (very few, I'll warrant) represents your personal stance, belief or opinion on the law in question. Tops, perhaps, max, 500 people might have been involved in the authoring or the passing of the laws we encounter along the path. Of those responsible for the championing of that law, I'm betting only half could even remember the law, let alone could they tell you a damn thing the law said. Nine times out of ten - I'm sure they pass it, and forget it.
3. You may go along with that whole "guilty as charged" thingy the first time you get arrested for something (if the offenses are minor ones), but spend a couple of years in jail for writing an angry letter (or text) to someone; or 50 years in jail for shooting someone who broke into your home to steal your things, and the tune you sing changes a lot.
Wow. How easily we get off the subject, eh? I suppose I could arrive at the point here, and polish this off: The courts win out, and almost always these days, because they've been at this game for an awfully long time. They have all of their strategies down pat, they know all of the tricks of their trade, they know all of the legal loopholes, and if they can't possibly win, and they know it? Trust me, I know...they'll CHEAT to get the job done. Who's gonna stop 'em? You and your $20,000 in cash and equity? Not likely...not against their UNLIMITED resources (your taxes, fines and fees), their "sovereign immunities," and their ever-slowly turning judicial wheels.
Then of course, there's those ever-prevalent brainwashing terms that have worked so well over the decades: "You can't fight City Hall," "Shit Happens," "That's just the way it is!","It is what it is," "That's life!" and "The Law is the Law!" Funny how none of these terms sound very intelligent or self-convincing when YOU'RE the one in jail, and no one will put up your bond.
Keep this in mind: No matter how diligently you try to keep up with all of the "laws" that are passed these days, you'll never know them all. Ignorance of these laws is most CERTAINLY an excuse. Don't allow them to divert you from the path of logic, especially since the law is not only not YOUR law, by the majority, nor is the majority of the law - logical. Most of all, try to keep in mind that it's likely that you didn't even have a clue, nor did you have a fingernail stuck into the pot when 99% of these laws were passed, discussed, debated, or even when they were twinkles in your legislator's eyes.
The way most of us find out what "laws" were passed, is when we're fined, ticketed or arrested for "breaking" them. Law always appears as right and logical when sitting IN the jury box, but not nearly so much when you're in the defendant's chair outside of the jury box.
Unchecked (and unbalanced, as it very much is for the defendant these days), our judiciary and those who purport to uphold the law are all on a runaway train. Put in on your bucket list to attend a "Public proceeding", on both a state and federal level. Get involved, if you're looking to fill up some free time. Be a court watcher (yes, this is a recognized thing now...generally you have to identify yourself as such somehow, either with ID or a name tag, but it can be done). What you'll find might surprise you; like the fact that the court rooms where arraignments and the like (minor court hearings) are held are HUGE...and the ones that trials are held in have next to no seating, are hard to breath in, and are no bigger than most closets. You'll also be asked what you're doing there (usually by the judge or the prosecution), or who you are. Public proceedings, you'll find, are not so "Public" as they say they are, anymore. Think there might be a reason for this? Just because you've heard that "The System Works"...doesn't tell you who the system works...FOR :D
