This one's for Dan
http://www.ejfi.org/Courts/Courts-5.htm
I wonder what youthink of it?
Maxx
Maxx,
I truly am convinced that the court system is largely a self-perpetuating *business*. The courts perpetuate the need for lawyers - the lawyers perpetuate the need for one another - and the losers in the process are those poor saps who find they MUST pay the fees to avoid enormous consequences.
The site you referenced explains it well - if a bit overdramatic.
Everyone has heard this platitude before - but there is much truth to it - a person in America gets just as much 'justice' as they are able to afford.
The court system acknowledges that when a single person (or small group of persons) files a claim against a large corporation - one of the most oft-used tactics is for that corporation to engage in a war of attrition. They employ tactics designed purely to cost the other side money - and their strategy is to out-spend the opposition - something a company like General Motors (just as a hypothetical) can do quite easily.
The notion that our legal system is all about 'justice' and fairplay is merely an ideal promulgated by the legal system itself - which has little basis in fact. The facts are - the legal system is all about money. Pure and simple. If you have it - then you can make some headway with the legal system. If you don't have it - then you're screwed. And it is a relative measure. You can have *some* - but if you don't have as much as your opponent, you will probably lose. In the case of the DA (criminal matters), it becomes a question of politics and how much they are willing to devote to prosecuting your ass. High-profile cases which make the news are horrible. I'll offer an example which still haunts me:
I sat through a preliminary proceeding with an 18-year-old defendant. He was charged with Attempted Homicide with Extreme Indifference. IIRC, it was a class 2 felony - just short of the most serious felony charge in CO. The fact pattern which was established went like this:
* Kid and 2 friends went to a party
* Other, older kids at ths party almost immediately started throwing beer at them.
* As they retreated, there were several older boys - led by a primary instigator - who began hitting and kicking the kids.
* The 3 retreat to their car - an SUV - all the while these other kids continue hitting and kicking them.
* The SUV is parked at the end of a cul-de-sac with only one way in and out.
* As they try to depart, the instigator of the beating was still pursuing and in the area.
* The kids get in their car and quickly try to depart.
* In the process, they manage to hit the kid who was the primary instigator of the beating - and nearly kill him.
* In fact, the investigator called to the scene was a homicide investigator called because they were convinced the kid would die.
* He did not die, but suffered physical damage which could prove permanent.
* The driver and friends got away and returned to their homes.
* Police arrived at the homes of the 3 to question the driver and conduct sobriety exams a few hours later.
* Driver's alcohol results came back later with showing minimal alcohol intake - but, of course, the hours which passed certainly had an effect on the results.
The driver was the one charged with the crimes. The defense attorney was a former elected DA and has a stellar reputation. The prosecutor was unrelenting in seeking the FULL weight of the charges.
To see the kids involved, one quickly gained the impression that the driver (the one charged) was a very slightly-built - almost geeky looking kid, who posed little physical threat to anyone. The kid who instigated the beatings - and who was hurt as the kids tried to escape in their SUV was much more mature and muscular and clearly gave the impression of one who could bully others.
Those are the impressions from listening to almost 8 hours of courtroom testimony and seeing the principals. I heard the lead investigator's testimony, as well as others.
From what I heard, it was abundantly clear to me that the driver was trying desparately to escape a bad situation - and he accidentally ran over a kid in the process. I do not believe he intentionally tried to harm the kid who had been the chief instigator - I think he simply wanted to get away - and this other kid pursued them and just got in the way of their escape.
From that - the DA chose to file extraordinary charges against an 18-year-old kid who did nothing more than try to get away from a bad situation once he got into it.
I believe the reason the DA was so intent on prosecuting this case is that the newspapers and TV stations were alerted to the scene when it was thought to be a homicide case - and they followed it closely thereafter. The DA needed to make a 'splash' - so he pursued the case with vigor.
The case never went to a full jury trial. Last I heard, there was a small adjustment downward in the charges, in return for a guilty plea, some incarcertation, and lengthy probation.
That 18-year-old had his life forever changed - and it was because he tried to get out of a bad situation.
The other kid who was hurt, also had his life forever changed - though some might argue that his was more deserved in that he did not have to attack the kids who came to the party - he did not have to pursue them outside the house - he did not have to pursue them into the street where he was hit by the SUV. His was an entirely avoidable consequence.
I am convinced this kind of garbage occurs every single day - many times each day - in the court systems of America. Only when people are personally 'touched' by the injustice, will they feel enough pain and indignation to begin to stand up to fight it. It has touched many, but not nearly enough.
The sad part is the dashing of American principles and ideals. I used to believe that my children should cooperate with authorities if they were ever asked. Now, I *know* they should not. When the Supreme Court of the land can rule that police are authorized to blatantly lie to you to secure a 'confession' or admission - something is horribly wrong in America. I have told my children they are NEVER to speak with the police - or any other authority - unless I am personally with them - or their attorney is present. it pains me to have to tell them that - as I persist in my naive wishes that police and the legal system is intended to subscribe to a higher ideal and to offer 'justice' - but it doesn't - and it won't - and the naive are the ones most hurt by the system.
Sorry for my rant - but this is a topic I happen to feel strongly about - and I believe others should learn about the truth of the system, lest they be chewed-up by it like so many others have been - and will be.
FWIW
- Dan
