RE: Executing the Mentally Ill

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RE: Executing the Mentally Ill - 8/10/2012 11:31:20 AM

Real0ne

Posts: 21189
Joined: 10/25/2004
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quote:

ORIGINAL: Yachtie

quote:

ORIGINAL: Marini

especially to those least able to afford the BEST attorney's money can buy!!!!

Years ago I asked a family member who was at Duke Law School if truth had any real bearing on the practice. She responded that the job of attorneys is to serve the law. I found that telling.

but law is so much fun!

Want to see the following examples? Read the stats for any state, city ordinances etc etc etc

FICTION OF LAW. [Lat.fictiojuris,] A legal assumption that a thing is true, which is either not true, or which is as probably false as true. Bell's Diet. Broom's Max. 54 —An assumption of a possible thing as a fact, which is not true, for the advancement of justice, and which the law will not allow to be disproved. (Fictio juris est legis, adversus veritatem, in re possibili, ex justo, causa dispositio, adversus quam probare non licet.) 2 Rol. R. 502. Westenberg Princ. Jur. lib. 22, tit. 3. n. 28. Gothofred in Dig. lib. 22, tit. 3, fol. 322. Best on Presumptions, 24, § 20, and note. The matter assumed should always be for the furtherance of justice, (ex justa causa.)
Hence the maxim, la Octione jwria armper »abalMlt nquilaa. 3 Bl. Com. 43, 283. Co. Litt. 150 a. Fictio legU neminem Indit —nemini operatur damnum Tel injuriam.

A fiction of law injures no man; works loss or injury to no one. 2 Rol. R. 502. Palm. 354. No action shall extend to work an injury. 3 Bl. Com. 43. Woodworth, J., 17 Johns. R. 348. The matter assumed should also be physically possible, (in re possibili.) 2 Rol. R. ub. sup. Huber. Pralect. J. C. lib. 22, tit. 3. n. 22.

Mr. Best distinguishes legal fictions from presumptions juris et de jure, and divides them into three kinds; affirmative or positive fictions, negative fictions, and fictions by relation. Best on Presumptions, 27, § 24.

Affirmative or positive actions are those which assume something to exist, which in reality does not; such as the fiction of lease, entry and ouster in the action of ejectment, and the ac ctiam clause in a writ of capias. Id. ibid. To these may be added the ancient common recoveries and the modern feigned issues. In negative fictions, that which really exists is treated as if it did not. Id. ibid.

~ The Sovereign State of _________, U.S.A.

Countless cases are won as a result of "fiction" and the common man not knowing how to throw the proper legal/equitable switches to shut them down if there is even the existence of a remedy in either.

If people dont start wising up on this shit it wont be long and what we play with in our bedrooms for funzies will be sanctioned in/by "state" law. (actually it already is in many "senses")

_____________________________

"We the Borg" of the us imperialists....resistance is futile

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Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to Yachtie)

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RE: Executing the Mentally Ill - 8/11/2012 7:46:53 PM

limpshorty

Posts: 55
Joined: 8/8/2012
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If I had even a little bit of confidence that the operant factors in imposing the death penalty were going to be the heinous nature of the crime, and the existence of sufficient verifiable evidence to remove any reasonable doubt of guilt, and that there was no reasonable possibility of successfully separating the perpetrator from new victims, and that a fair and impartial review of the proceedings would be timely, and automatic, then I would stop to consider whether I support the concept of judicial execution is a workable means to obtain the public benefit. But none of those things are the operant factors in imposing the death penalty.

The annual income of the defense team has a larger correlation to executions than any of those factors, as do income of the accused, and differences of race, sex, and nationality between the accused and the victim.

So, it's like the mythical free market. The described system does not exist, so I cannot agree that an impartial, and rational justice system should have the authority to do what would be murder for any citizen to do. Should I come across an impartial and rational justice system, I will be willing to consider it.

limpshorty

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Post #: 82