Thursday, September 13, 2007

The due process lie

One of our most important freedoms is due process under the law, the right to face our accuser, the right to a trial, etc.

But in family court and many other courts, there is a way to short circuit the justice system that frees you of your rights (catch the pun). It is called pre-trial settlement.

Family courts routinely take away parental rights from the "looser" of the divorce, typically the Father, but sometimes the Mother.

Here's briefly how it works... Family Court
  • denies your constitutional right to represent yourself
  • denies you the right to know the accusations or face your accuser
  • denies you the right to trial
  • accepts lawyer's statements as evidence in violation of "rules of evidence"
  • has no sworn statements
  • has no court reporters, no record of hearings
  • practices intimidation to avoid trials, again with no court reporters or record of the conversation
  • chooses the looser (NCP) with an all powerful judge with no room for due process nor practical challenge
  • allows the all powerful judge to have wide latitude on how he chooses to mistreat his chosen looser (NCP)
The result is someone
  • who never committed a crime,
  • who never had due process,
  • who never had a trial,
  • but is stripped of their parental rights none the less
  • by arbitrary decision of one overly powerful person
  • who is elected by accident of careless, clueless voters
This happens every day in this land of the free, wrecking havoc on the NCP and on a whole generation of children who are denied access to their NCP.

And that my friend just isn't free, it is how "justice" is administered in many other parts of the world that we criticize. Oh yeah we have a justice system capable of being better, especially for those that can afford it, but it just isn't typical in family court. And it is this typical reality that counts, not any theoretical possibilities.

5 comments:

Little Wing said...

You pretty well sum it up, John.
Family court is a very flawed system.

Lara Croft said...

You know what became clear to me while being on the net ( the net allowed me to find out what the world knew about oz) that americans only really know about america. I am not saying that in a negative way other than the fact that it is true. I guess the world knows about the usa cos our tv ensures that but does america show many shows that are not made there.
The excuse is our soh is not the same as yours but that is only because it is foreign maybe?
I dont agree we should have a one world but for a country than suggests it america sure doesnt seem interested in finding out about the rest of us LOL

Determined said...

I agree, the courts can wreak havoc on the innocent.

I'll never forget the day when i received divorce papers, and that lawyer of his started to yell at me and call me names over the telephone. It was the "justice system" taking some sort of action against me although I've not done a thing wrong in my marriage.

It was very traumatizing to say the least and I will never forgive my asswipe of a husband for letting his dick do that to me.

Asswipe is correct! Boy what an asswipe, OMG.
An asswipe is my exhusband, oh yes he is. That asswipe. Wipe of an ass.
Wipe wipe wipe
ass ass ass.
WipeAss
Ass Wipe
Wipe Ass
Asswipe.

JQ75 said...

LW, flawed is almost being generous, flaws can be corrected. The system is corrupt, inefficient and literally destroys peoples lives, both adults and children. It would almost be difficult to design a worse system. It needs to be redesigned from a blank slate.

Sol, we've discussed that the lawyer was exploiting you being unrepresented and really should never have communicated to you directly. But that's what the divorce lawyers do go to the very edge of their ethics and the law to intimidate, to aggravate to be an adversary to tear you apart when you need to be healed from the freshly inflicted wound.

Just to clarify for the other readers, we're using the term asswipe differently, you are referring to terrible people, I am referring to ineffective, unenforcible, costly paperwork that seems to serve no other purpose but to be something to wipe your ass with. Just to clarify for the other readers.

JQ75 said...

Well American's have been told they are the best in the world from a young age, so there are many Americans who have no desire to see the world, or even the rest of the USA. Their loss, more room on the planes for me... lol.

While I am proud of my country, I am not blindly so. My natural curiosity has me liking travel within and outside the United States. If our country understood the value of a "holiday" I'd travel even more.