Guest guest Posted November 5, 2006 Report Share Posted November 5, 2006 Thanks, Butch. I could not agree more. I have had opportunity to see first-hand just how unfair the system CAN be but I still have the right to vote for/against the DA . . . and I still believe MOST of the time the system works. Thanks for taking the time to comment. -Helen American By Birth ** MID-WESTERN By The Grace Of God ** Patriot By Choice ;-)) So .. here I come to defend the American judicial system .. as imperfect as it is .. cause everybody needs at least one champion and to date, on this list .. nobody has come out to defend the American system. ;-) If what I have written here upsets someone .. then they might wanna consider not buying my products. But that would be their loss .. not mine. ;-) BUT ... I highly recommend ALL of you Americans take the time to get out and exercise a right you have that was paid for with the blood of those before us .. get out and vote day after tomorrow. Exercise of that right can bring far better results than we can get by peeing and moaning on this list. ;-) Y'all keep smiling. :-) Butch http://www.AV-AT.com American By Birth ** Suthran By The Grace Of God ** Patriot By Choice .. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 5, 2006 Report Share Posted November 5, 2006 It is my opinion (and my experience) that the American judicial system is NOT perfect .. but its also NOT a joke .. and its NOT screwed up! [Dave:] You write interestingly, Butch. Your experiences are very different than mine. I’ve had a few brushes with the law...not because I’m a criminal or addict, but because years ago I used to drink too much. So anything that happened to me was my own fault, and I’m thankful I have left that all behind. But I can’t agree with you that our system is not a mess. Our US system demands an independent judiciary .. and we know that because people are people .. thus, not infallible, there will be a judge here or there who is gonna abuse that system .. but generally, that is not the case. [Dave:] I’d say that here or there you might find a judge that’s decent. I’ve never been involved in a criminal trial, but I’ve sat in courtrooms and watched defendant after defendant get saddled with life-destroying fines over minor infractions. If the defendant can afford a lawyer, then there will be a lot of familiarity and banter among the judge and them, and the defendant generally gets off without anyone having to work much. Five years ago I got a DUI that was totally bogus. I had a public defender, and if I live another 500 years I will never forget that woman looking me in the eye and saying, “It doesn’t matter if you’re guilty or not. You’re in the system now, and everyone is convicted.” She was right. But she had an obligation to try to put up a defense, and she didn’t bother. A few winks and it was all over. What is the weakest part of the US justice system? In my opinion, it is the jury of peers .. [Dave:] Now you’re scaring me. I’d say the weakness is not the jury, but the definition of peers. Can one person make a difference? Yes .. but not as much difference as can a larger group. [Dave:] Nor as much as a bucket of money. Here’s the real weakness in our system. Money buys justice and poverty is a crapshoot. If you’re not white, then the entire playing field is tilted against you. That’s just how it works, and no amount of protest will change that, because it isn’t the system that needs changing as much as peoples’ hearts – on both sides of the bench. So .. here I come to defend the American judicial system .. as imperfect as it is .. cause everybody needs at least one champion and to date, on this list .. nobody has come out to defend the American system. ;-) [Dave:] I think our system is about the best anyone’s come up with, on paper. The problem I see is class separation, and the fact that judges are prejudiced against the defenseless. I have never met a lawyer I’d give a dime for (and me ex is a paralegal, so I’ve met quite a few), and although logic tells me there are good cops out there, I will always believe that a good man with a gun and a badge is on a slippery slope to becoming a thug. -- Version: 7.1.409 / Virus Database: 268.13.28/518 - Release 11/4/2006 -- Version: 7.1.409 / Virus Database: 268.13.28/518 - Release 11/4/2006 Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 5, 2006 Report Share Posted November 5, 2006 Hi y'all, I'm gonna top post on this one because I'm not going to address any specific comments of any of the folks who wrote below .. or previously. I am gonna give my opinion on the subject because it appears that there is need for a different slant now since everyone seems to be supporting one side of an issue that has become quite emotional. ;-) Lemme kick off by saying that none of us should expect the so-called investigative TV programs to report on things that are going well .. they are like the news programs .. folks don't wanna know how well things are going .. they wanna know how screwed up things are .. and there is not a system in existence .. be it governmental, corporate, religious or whatever .. that is not gonna have a negative side that can be dug up if one digs long enough. Folks liked Mama Theresa .. she was not a subject of investigation .. I could name quite a few other folks who are in that category .. but you can bet your bippy that a good (or bad?) investigative reporter could make them look like dawg crap if they wanted to .. even if they were squeaky clean .. its a matter of spin. It is my opinion (and my experience) that the American judicial system is NOT perfect .. but its also NOT a joke .. and its NOT screwed up! I was involved in the law enforcement business a lot of years .. and with but few exceptions, I was on the side of the prosecution because it was my duty to be so. I've also been (and still am) a victim that is waiting for the system to give me justice .. its about credit card fraud in a case that has been ongoing since April 2005 .. but its not in an American court .. its in a Turkish court. I have yet to find a system that is equal to the Wisdom of Solomon .. and the reason is .. Solomon didn't have laws and codes and technical issues and folks turning state's evidence (stool pigeons) in order to get a lighter sentence. Solomon just made a decision and that was that and those who didn't like it kept their mouth shut. ;-) Our US system demands an independent judiciary .. and we know that because people are people .. thus, not infallible, there will be a judge here or there who is gonna abuse that system .. but generally, that is not the case. And .. we will find judges rendering decisions that make them want to throw up because their hands are tied due to this or that technicality or some deal made between the prosecution and the defense. And though these judges .. from county level up to (but not including) the Supreme Court .. are independent .. their decisions are subject to review and it would be naive to assume that the entire system is so damn corrupt that such reviews do not occur! Like appeals .. and more! As a commander in the military, I had total discretion when punishing my soldiers under Article 15, Uniform Code of Military Justice .. and there were times when within the same year that I dispensed totally different punishment to two different soldiers for exactly the same offense. Rare it was that I was questioned because my chain of command wanted to avoid even the appearance of Command Influence .. a crime in the military .. but being a wise commander .. I always briefed my superior as to why I took this or that action .. but I would NOT brief others .. it was NOT their business to know all of the facts I had to consider when making my final decision. In fact, some of those facts were not even pertinent to the case I was dealing with .. they were pertinent to situations/crimes that were not yet ready to be dealt with. What is the weakest part of the US justice system? In my opinion, it is the jury of peers .. rarely do they have the capability to properly evaluate a case and make a decision. They are influenced by two actors who are performing for them .. the best actor .. the one who has done his/her homework well .. and has a charismatic approach that allows them to reach out to the bored jury .. normally wins the case. http://www.law.umkc.edu/faculty/projects/ftrials/Simpson/satire_seuss.html#The%2\ 0O.%20J.%20Simpson And as we all know, different states have different laws .. and it has long been the opinion of the system (at least the law enforcement system) that folks deserve the amount of protection they demand. Just in the last few weeks I have seen some extremes in adjudication for similar offenses in different states .. one that comes to mind is the increased number of female teachers who are being charged with child abuse for having sexual relations with their students. A gal in Indiana last week got 9 years for stripping and making sexual gestures in front of her class .. and there were some others in the last few months who gave oral sex to kids as young as TEN .. and had sex with kids as young as 14 .. who got fired and got a slap on the wrist. Had these cases been male teachers and female students .. we can bet out last dollar that the outcome would have been different. Are we all that much different than some of the Third World countries when it comes to our views on the right and wrong of actions based on sex? I think not! I think we just look at it in reverse. http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=52172 But .. these are different jurisdictions .. different laws .. different expectations (apparently?) of the citizens. If this is not correct .. then the citizens deserve what they got if they sat on their asses and allowed it to happen without protesting! If we believe in States Rights .. which was the real reason for a war that killed close to a million Americans .. then we can't legislate away those rights. Citizens within a particular state can raise enough hell even outside the electoral system to make changes .. and they can always make their opinions known to elected officials .. we can even threaten them. Jack .. you get your crap together and support this issue or I am going to vote against you. Can one person make a difference? Yes .. but not as much difference as can a larger group. There are certain ethnic and religious groups in the USA who work the system well .. and there are others who sit around on their asses wondering why they are not given more attention. I don't want to see elected officials challenging and second guessing the judiciary .. elected officials are by nature corrupt and concerned for self only. That is why our system has separation of powers. I do, however, think various levels of the judiciary system should act on any case that appears to be a miscarriage of justice. Meaning .. a case where a judge was totally out of line. But .. as long as this or that state has a law on the books that gives the judge the discretion of giving a slap on the wrist or 10 years in the poky .. there will be cases where it is not going to be considered as a wrongful decision. Many of the judicial systems in the world rate a prosecutor above a judge. If a judge finds a defendant INNOCENT .. the prosecutor can appeal the decision and have the defendant tried again .. and there are systems where the prosecutor keeps on doing this for years and years until they get a conviction. There are other systems where a secular judicial system decision is subject to review and can be overturned .. by a religious system .. and I can go on and on with the various off the wall systems I have personal experience with. So .. here I come to defend the American judicial system .. as imperfect as it is .. cause everybody needs at least one champion and to date, on this list .. nobody has come out to defend the American system. ;-) If what I have written here upsets someone .. then they might wanna consider not buying my products. But that would be their loss .. not mine. ;-) BUT ... I highly recommend ALL of you Americans take the time to get out and exercise a right you have that was paid for with the blood of those before us .. get out and vote day after tomorrow. Exercise of that right can bring far better results than we can get by peeing and moaning on this list. ;-) Y'all keep smiling. :-) Butch http://www.AV-AT.com American By Birth ** Suthran By The Grace Of God ** Patriot By Choice >>>Hi Everyone, >>>Did anyone else watch the two hour 20/20 segment on Privilege in >>>America? I missed the first hour but the second hour with the >>>segment on Judge Keith Dean from Waco Texas was appalling. The >>>segment was about how someone with money can get away with murder >>>and someone without privilege will be handed a severe sentence, >>>life in prison to be exact, for committing a lesser crime by the >>>same judge. Liz >> >>The really sad part is that judges are elected. > > What makes me so mad is that the man that actually murdered someone, > shot a male prostitute ( A disposable person I guess) in the back, > in his yard , after they got into a scuffle about payment, only got > ten years probation for the murder then violated his probation by > getting caught with a large amount of cocaine in his possession. He > got off because he has friends in the government. Maybe someone will > start a website that brings these unfair judgements to light. These > people need to be exposed. I hope the reporter that uncovered the > story will. I am so sick of these judges getting paid off. The legal > system is a joke in this country. > > Thanks for listening to me rant, > Liz Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 5, 2006 Report Share Posted November 5, 2006 Hey Butch, Well said and thanks for saying it. I look forward to having a cold one (few) with you when your back in the states. John , Butch Owen <butchbsi wrote: > > Hi y'all, > > I'm gonna top post on this one because I'm not going to address any > specific comments of any of the folks who wrote below .. or previously. > I am gonna give my opinion on the subject because it appears that there > is need for a different slant now since everyone seems to be supporting > one side of an issue that has become quite emotional. ;-) > > Lemme kick off by saying that none of us should expect the so- called > investigative TV programs to report on things that are going well .. > they are like the news programs .. folks don't wanna know how well > things are going .. they wanna know how screwed up things are .. and > there is not a system in existence .. be it governmental, corporate, > religious or whatever .. that is not gonna have a negative side that can > be dug up if one digs long enough. Folks liked Mama Theresa .. she was > not a subject of investigation .. I could name quite a few other folks > who are in that category .. but you can bet your bippy that a good (or > bad?) investigative reporter could make them look like dawg crap if they > wanted to .. even if they were squeaky clean .. its a matter of spin. > > It is my opinion (and my experience) that the American judicial system > is NOT perfect .. but its also NOT a joke .. and its NOT screwed up! > > I was involved in the law enforcement business a lot of years .. and > with but few exceptions, I was on the side of the prosecution because it > was my duty to be so. I've also been (and still am) a victim that is > waiting for the system to give me justice .. its about credit card fraud > in a case that has been ongoing since April 2005 .. but its not in an > American court .. its in a Turkish court. > > I have yet to find a system that is equal to the Wisdom of Solomon .. > and the reason is .. Solomon didn't have laws and codes and technical > issues and folks turning state's evidence (stool pigeons) in order to > get a lighter sentence. Solomon just made a decision and that was that > and those who didn't like it kept their mouth shut. ;-) > > Our US system demands an independent judiciary .. and we know that > because people are people .. thus, not infallible, there will be a judge > here or there who is gonna abuse that system .. but generally, that is > not the case. And .. we will find judges rendering decisions that make > them want to throw up because their hands are tied due to this or that > technicality or some deal made between the prosecution and the defense. > > And though these judges .. from county level up to (but not including) > the Supreme Court .. are independent .. their decisions are subject to > review and it would be naive to assume that the entire system is so damn > corrupt that such reviews do not occur! Like appeals .. and more! > > As a commander in the military, I had total discretion when punishing my > soldiers under Article 15, Uniform Code of Military Justice .. and there > were times when within the same year that I dispensed totally different > punishment to two different soldiers for exactly the same offense. Rare > it was that I was questioned because my chain of command wanted to avoid > even the appearance of Command Influence .. a crime in the military .. > but being a wise commander .. I always briefed my superior as to why I > took this or that action .. but I would NOT brief others .. it was NOT > their business to know all of the facts I had to consider when making my > final decision. In fact, some of those facts were not even pertinent to > the case I was dealing with .. they were pertinent to situations/crimes > that were not yet ready to be dealt with. > > What is the weakest part of the US justice system? In my opinion, it is > the jury of peers .. rarely do they have the capability to properly > evaluate a case and make a decision. They are influenced by two actors > who are performing for them .. the best actor .. the one who has done > his/her homework well .. and has a charismatic approach that allows them > to reach out to the bored jury .. normally wins the case. > > http://www.law.umkc.edu/faculty/projects/ftrials/Simpson/satire_seuss ..html#The%20O.%20J.%20Simpson > > And as we all know, different states have different laws .. and it has > long been the opinion of the system (at least the law enforcement system) > that folks deserve the amount of protection they demand. Just in the > last few weeks I have seen some extremes in adjudication for similar > offenses in different states .. one that comes to mind is the increased > number of female teachers who are being charged with child abuse for > having sexual relations with their students. A gal in Indiana last week > got 9 years for stripping and making sexual gestures in front of her > class .. and there were some others in the last few months who gave oral > sex to kids as young as TEN .. and had sex with kids as young as 14 .. > who got fired and got a slap on the wrist. > > Had these cases been male teachers and female students .. we can bet out > last dollar that the outcome would have been different. Are we all that > much different than some of the Third World countries when it comes to > our views on the right and wrong of actions based on sex? I think not! > I think we just look at it in reverse. > > http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=52172 > > But .. these are different jurisdictions .. different laws .. different > expectations (apparently?) of the citizens. If this is not correct .. > then the citizens deserve what they got if they sat on their asses and > allowed it to happen without protesting! > > If we believe in States Rights .. which was the real reason for a war > that killed close to a million Americans .. then we can't legislate away > those rights. Citizens within a particular state can raise enough hell > even outside the electoral system to make changes .. and they can always > make their opinions known to elected officials .. we can even threaten > them. Jack .. you get your crap together and support this issue or I am > going to vote against you. Can one person make a difference? Yes .. > but not as much difference as can a larger group. There are certain > ethnic and religious groups in the USA who work the system well .. and > there are others who sit around on their asses wondering why they are > not given more attention. > > I don't want to see elected officials challenging and second guessing > the judiciary .. elected officials are by nature corrupt and concerned > for self only. That is why our system has separation of powers. I do, > however, think various levels of the judiciary system should act on any > case that appears to be a miscarriage of justice. Meaning .. a case > where a judge was totally out of line. But .. as long as this or that > state has a law on the books that gives the judge the discretion of > giving a slap on the wrist or 10 years in the poky .. there will be > cases where it is not going to be considered as a wrongful decision. > > Many of the judicial systems in the world rate a prosecutor above a > judge. If a judge finds a defendant INNOCENT .. the prosecutor can > appeal the decision and have the defendant tried again .. and there are > systems where the prosecutor keeps on doing this for years and years > until they get a conviction. There are other systems where a secular > judicial system decision is subject to review and can be overturned .. > by a religious system .. and I can go on and on with the various off > the wall systems I have personal experience with. > > So .. here I come to defend the American judicial system .. as imperfect > as it is .. cause everybody needs at least one champion and to date, on > this list .. nobody has come out to defend the American system. ;- ) > > If what I have written here upsets someone .. then they might wanna > consider not buying my products. But that would be their loss .. not > mine. ;-) > > BUT ... I highly recommend ALL of you Americans take the time to get out > and exercise a right you have that was paid for with the blood of those > before us .. get out and vote day after tomorrow. Exercise of that > right can bring far better results than we can get by peeing and moaning > on this list. ;-) > > Y'all keep smiling. :-) Butch http://www.AV-AT.com > > American By Birth ** Suthran By The Grace Of God ** Patriot By Choice > > > >>>Hi Everyone, > >>>Did anyone else watch the two hour 20/20 segment on Privilege in > >>>America? I missed the first hour but the second hour with the > >>>segment on Judge Keith Dean from Waco Texas was appalling. The > >>>segment was about how someone with money can get away with murder > >>>and someone without privilege will be handed a severe sentence, > >>>life in prison to be exact, for committing a lesser crime by the > >>>same judge. Liz > >> > >>The really sad part is that judges are elected. > > > > What makes me so mad is that the man that actually murdered someone, > > shot a male prostitute ( A disposable person I guess) in the back, > > in his yard , after they got into a scuffle about payment, only got > > ten years probation for the murder then violated his probation by > > getting caught with a large amount of cocaine in his possession. He > > got off because he has friends in the government. Maybe someone will > > start a website that brings these unfair judgements to light. These > > people need to be exposed. I hope the reporter that uncovered the > > story will. I am so sick of these judges getting paid off. The legal > > system is a joke in this country. > > > > Thanks for listening to me rant, > > Liz > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 6, 2006 Report Share Posted November 6, 2006 Hi Butch, Couldn't agree more. I get very upset when I see the public screaming because they consider someone has been given a " light " sentence. But in most cases the public doesn't have access to all the facts and the judiciary make their decision based on facts, and the relevant laws. I for one don't want to be a judge. I think it would be very difficult and no matter what you decide, one party will not be happy. There have been two cases here recently where a person has been found guilty of murder and jailed for a considerable time (I think one was about 14 years and the other 10), only to be found innocent on appeal. But that is not the fault of the judiciary - a decision was made on the facts available. It is just the facts were not quite as they appeared. I'm just thankful that we don't have the death penalty here - and no (for anyone that doesn't agree) I don't want to get into a debate on that. Virginia West Aussie -where voting is compulsory Hi y'all, I don't want to see elected officials challenging and second guessing the judiciary .. elected officials are by nature corrupt and concerned for self only. That is why our system has separation of powers. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 6, 2006 Report Share Posted November 6, 2006 , Virginia <artemesia wrote: > > Hi Butch, > Couldn't agree more. I get very upset when I see the public screaming > because they consider someone has been given a " light " > sentence. But in most cases the public doesn't have access to all the > facts and the judiciary make their decision based on facts, Hi Everyone, I am usually am quite conservative in my views and believe that most people who are in jail belong there do their own bad decisions and I was not trying to scream publicly, I just thought the story was sad. Both men were originally given ten years probation both violated the probation, one was caught with a couple of ounces of cocaine and failed his drug test, the other failed his drug test by smoking a joint. One got life in prison the other got nothing. The one who got nothing also has a sister married to a politician. Those were the facts. Sorry to sound like a whiner. Thanks Liz Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 6, 2006 Report Share Posted November 6, 2006 Hi Liz - I wasn't referring to you. I'm in Western Australia and I didn't see your original post. What happens here is the Current Affairs programs (on commercial stations) give a very one-sided view and then ask the public for their opinions. Of course everyone says " the sentence is too lenient " etc etc. Sorry didn't mean to cause any offense. Virginia West Aussie , Virginia <artemesia wrote: Hi Everyone, I am usually am quite conservative in my views and believe that most people who are in jail belong there do their own bad decisions and I was not trying to scream publicly, I just thought the story was sad. Both men were originally given ten years probation both violated the Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 6, 2006 Report Share Posted November 6, 2006 , Virginia <artemesia wrote: > > Hi Butch, > Couldn't agree more. I get very upset when I see the public screaming > because they consider someone has been given a " light " > sentence. But in most cases the public doesn't have access to all the > facts and the judiciary make their decision based on facts, and the > relevant laws. -------- Once you have served on a jury, you have a much clearer idea of how it works. The jury doesn't get to hear or see everything, only what is considered admissable evidence. When I served on a jury it was a real eye opener. First of all, people go to great lengths to get out of serving on a jury. I was fortunate in that my company paid my salary while I was on jury duty, that is not always the case so you get jurers who just want to get the whole thing over so they can get back to work. There were quite a few battles during deliberation between those of us who really wanted to evaluate seriously, and the 3 or 4 folks who just wanted to get out of there. A problem when you need a clear majority. Before you go into deliberation you are given the exat law by the judge and the questions you need to decide. And there are those that will say to hell with the law, that person is guilty, if not for this crime for some other. That was another source of battle in the jury room. So the jury of peers is a weak link, although when I served there where mostly people that wanted to do the right thing, but it was rough going. There were definately folks on that jury that should not have been there. So the weak point is that if the judge and lawyers decide you are going to serve, that's it unless you come up with a darn good excuse. So it can be a financial hardship. Under those circumstances, the quality of the jurers is a crapshoot. After the jury I was on delivered the verdict, we learned about previous cases agagainst the defendent and we pretty much agreed that we would have decided differently if we'd heard some of that stuff. So it's not perfect, but it's better than a lot of others. But money does play too much of a role in justice. Joanne Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 6, 2006 Report Share Posted November 6, 2006 , " bluefleuri " <bluefleuri wrote: > I am usually am quite conservative in my views and believe that most > people who are in jail belong there do their own bad decisions and I > was not trying to scream publicly, I just thought the story was sad. > Both men were originally given ten years probation both violated the > probation, one was caught with a couple of ounces of cocaine and > failed his drug test, the other failed his drug test by smoking a > joint. One got life in prison the other got nothing. The one who got > nothing also has a sister married to a politician. Those were the > facts. Sorry to sound like a whiner. > Thanks Liz > -------------- You didn't sound like a whiner. The story is sad and it is a shame that people were going to the polls to vote for that judge with no real knowledge of his record. Same goes for a lot of elections. It all comes down to an American public that needs to get off their duff and vote, and also to find out who and what they are voting for. If they did that we wouldn't be seeing stories like that, or stories about alcoholic congressmen chasing young boys, or girls, or hiding money in their freezer. The sleezy commercials, flashy election signs, mud-slinging and distortion have too much influence on people. Not many take the time to find out what is going on, or how the system works. Or how claims stating " so and so voted not to support our troops " may only mean that they voted against an unfunded bill, which was fixed and later passed with support. We're still lucky if 50% of eligible voters bother to get to the polls at all, people get the government they deserve. Joanne Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 6, 2006 Report Share Posted November 6, 2006 Under those circumstances, the quality of the jurers is a crapshoot. [Dave:] You bet it is. I don’t think human justice will ever be perfect, but we are capable of bringing it a lot closer than it is now. Has anyone seen the movie “Runaway Jury” with Gene Hackman? I have no idea how endemic jury-tampering is, as presented in this film, but it does give real insights into the jury-selection process. A big part of the problem with “justice” is that it’s only a secondary consideration for each side. Their first concern is winning. It’s a contest, one where ruthless attorneys are willing to play dirty in order to win. And the poor defendant, and society, may or may not benefit from the process; too few officials care about that. -- Version: 7.1.409 / Virus Database: 268.13.28/518 - Release 11/4/2006 -- Version: 7.1.409 / Virus Database: 268.13.28/518 - Release 11/4/2006 Quote Link to comment Share on other sites More sharing options...
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