The American Courts
As the United States domestic courts degenerate from their constitutional design to a money-driven enterprise, violence is increasing on an alarming scale.
One of many cases that may corroborate this trend is Pearce v Longo, 766 F. Supp. 2d 367 (NDNY, 2011) where a police officer executed a murder-suicide leaving three children without parents.
Abusive court processes were ignored as a cause.
As the band plays on, the United States of America is sinking to a new low in moral fiber, public service, and family preservation.
The New York State code provides that a judge shall respect and comply with the law in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
The First Amendment and its state counterparts emphasize that the rights of free speech, association, and court access shall not be infringed.
Elsewhere the supreme law goes on to require that the rights of due process and equal protection must not be violated.
Myths Regarding the American Legal System
One of the main problems with the American system of Justice is the Judiciary at every stage of litigation assumes all prior litigation has been handled thoroughly and properly when usually the exact opposite is true.
As a Seasoned Litigant, I can state with certainty that if you go against the status quo in NY and point out the wrongdoing of the judiciary they will ruin your legal practice and make it impossible for you to Win a case.
Quoted by a well-known lawyer who was discussing the NY Judiciary, the Average Citizen Believes:
The Legal System Believes:
The laws passed by elected officials constitute the law of the land.
The laws passed by elected officials plus all rules and procedures of the court including all legal precedents, past practice, and case law constitute the law of the land.
If any of these are used to negate the other, The law is still being followed.
Rules and procedures of the court, legal precedents, past practice, and case law are in place to give force to the will of the legislature.
Judicial decisions are to give force to "the law."
It is irrelevant whether rules and procedures of the court, legal precedents, past practice, and case law give force to the will of the legislature since rules and procedures of the court, legal precedents, past practice, and case law are all "Law".
A Judge is wrong if their decision is not giving force to the clear intent of laws passed by legislatures.
So long as a Judge's decision, however Far-fetched it may be, uses logic that in some form or fashion incorporates some legal reasoning, the decision can be considered legally sound.
The courts are in place to assist Citizens to right a wrong.
The courts are in place to provide a procedure to Citizens.
Whether Citizens can right a wrong is irrelevant.
The Canons of Judicial Conduct are rules of behavior that are to be interpreted literally.
Literal interpretations of the Canons of Judicial Conduct are considered petty and can hinder a Judge from performing their duties.
Due Process' purpose is to cause a result.
Due Process is a process.
A result is irrelevant.
Obtaining Justice is the ability to right a wrong.
Justice is granted if a procedure is followed. Results or "righting wrongs" are irrelevant and would indicate a bias on the part of the Judiciary.
The courts take every precaution to insure Citizens don't go to jail unnecessarily.
So long as Citizens can appeal, we consider our job as being done correctly.
Whether Citizens are in jail or not is irrelevant.
What if I can't afford an appeal or can't get the issues properly handled?
Tough then you get into what is called the doctrine of finality.
In other words, things stay as they are and your "due process" is complete.
The court screwed me in their rulings involving my case.
Too bad O well.
Most likely, what happened is your lawyer, the Judge, or the opposing council agreed to something while on the bench, in chambers, or at some other time when you couldn't hear what was going on.
The court is covered because you were represented.
If you were wronged, sue your lawyer.
It is almost impossible to get one lawyer to sue another lawyer involving cases like the ones I have seen in court.
We know that. In addition, your Lawyer and the Judge wouldn't allow you in the chambers.
We know this all too well.
So how are you supposed to know what is going on in the courtroom?
You're not as far as the courts are concerned.
Should one Trust their lawyer?
A lawyer's first duty is to his client, right?
All lawyers' first duty is to the COURT.
This includes law however, it is receipted, procedures however selectively followed, policies, whims, current practices, and appeasing Judges Many lawyers' second duty is to their incomes.
The client comes at some point after that.
The USA is no longer a country of laws, they are a country of creative interpretations of laws!
Due Process as defined by most Judges:
First, decide how they want the case to go.
Second, formulate a legal logic to support their decision.
Third, eliminate the facts and evidence to support their decision.
Then the rubber stamp doctrine of judicial discretion will prevent most decisions from being overturned.
Truth as defined by most Judges:
Whatever lawyers say.
After all, they have taken an oath when becoming members of the bar.
Therefore it is acceptable to assume that the unrepresented may not be saying the truth since they have taken no such oath.
Truth as defined by most Lawyers:
Remember the jury are the judges of both the law and the facts, and the verdict, in any case, is entirely the jury's responsibility.
The Law given to Moses by IHVH is often referred to as the Pentateuch.
The Ten Commandments, or 48 confessions, 613 statutes, and 248 judgments of the Old Testament do not begin until Exodus 20.
This law was supposedly put away at the Crucifixion, though parts of it have been codified into the statute law.
Until Exodus 20 the Bible is an Adventure.
Genesis did not refer to this planet.
The Garden of Eden, or the New Jerusalem, is what we now refer to as the planet Venus.
The Flood took place on Mars and the animals Noah put on the ark were strictly domestic animals and a host of other bits and pieces of information that make sense in Hebrew words but are a fairy tale in English.
Citations for the Mosaic Code are given the same as in the Bible such as; The Book of Leviticus, Nineteenth Chapter, Fifteenth Verse.
Also, remember a bankrupt nation goes into receivership.
The receiver of a bankrupt nation is called a military dictator, Napoleon Bonaparte and Adolf Hitler are prime examples of this kind of leadership.