3 ms·
I'm not a lawyer but I am a US citizen. To me, the police, prosecutors, and judges in the OP are, really, just out to attack the poor people, just attack them
by graycat 11y ago
I'm not a lawyer but I am a US citizen.
To me, the police, prosecutors, and judges
in the OP are, really, just out to attack
the poor people, just attack them like
wild, mad, rabid dogs, attack them for no
good reason, just declare war on them, out
of hate, arrogance, self-exalted ego, like
thugs that just like to beat up on people.
Let's see:
"Amendment VI
In all criminal prosecutions, the accused
shall enjoy the right to a speedy and
public trial, by an impartial jury of the
State and district wherein the crime shall
have been committed, which district shall
have been previously ascertained by law,
and to be informed of the nature and cause
of the accusation; to be confronted with
the witnesses against him; to have
compulsory process for obtaining witnesses
in his favor, and to have the Assistance
of Counsel for his defense.
Amendment VII
In Suits at common law, where the value in
controversy shall exceed twenty dollars,
the right of trial by jury shall be
preserved, and no fact tried by a jury,
shall be otherwise re-examined in any
Court of the United States, than according
to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted."
So, the OP violated:
"Amendment VI
In all criminal prosecutions, the accused
shall enjoy the right to a speedy and
public trial, ..."
The trials are not "speedy". Any judge
who has any respect for the Constitution
and is not out just to act like a wild,
mad, rabid dog out to declare war on the
poor people should immediately dismiss any
case without a "speedy trial".
So, the OP violated:
"Amendment VII
In Suits at common law, where the value in
controversy shall exceed twenty dollars,
the right of trial by jury shall be
preserved, ..."
The "right of trial by jury" was not
"preserved". Instead, the delays in the
system and the excessive bail canceled
that right.
So, the OP violated:
"Amendment VIII
Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted."
The bail was deliberately excessive and
the jail situation "inflicted" "cruel and
unusual punishments" as a means to coerce
a guilty plea without a trial.
In addition, from
"The rest of the file contained Tomlin’s
criminal history, which included 41
convictions, ..."
the system clearly convicts and punishes
the defendants based not on the crime they
are accused of but often just on the
record of crimes of the past, crimes
for which they have "paid their debt to
society", that is, multiple jeopardy.
In addition, it is now essentially illegal
to carry more than, say, a few hundred
dollars in cash. Seeing such cash, it is
common for the police just to confiscate
it, in wild violation of
"Amendment V
... nor be deprived of life, liberty, or
property, without due process of law; nor
shall private property be taken for public
use, without just compensation."
So, from the OP:
"The documentation submitted by the
arresting officer explained that his
training and experience told him that
plastic straws are 'a commonly used method
of packaging heroin residue.'"
That's essentially the same as saying that
"his training and experience told him
that" commonly criminals breathe and that
he observed the defendant breathing so
arrested him.
The judge should have laughed the police
officer out of the court room and asked
the public defender to file charges of
false arrest against the officer and
bringing a nonsense legal case against the
prosecutor. Instead, the judge just went
along with wild, mad, rabid dog attack on
the citizen.
No, clearly, actually his training and
experience told him that the defendant was
poor so should be viciously attacked with
the intention of ruining his life -- the
excuse was that he had in one hand a
bottle of soft drink and in the other hand
a soda straw.
Here the police, prosecutors, and judges
are just declaring war on a large fraction
of US citizens -- just war, no cause, no
reason, wildly illegal and
unconstitutional, very dirty business.
The whole system is wildly in conflict
with the Constitution. If the US legal
system had any honest functionality at
all, then any lawyer should be able to
make a motion that would shut down the
whole situation coast to coast in an hour.