WHAT YOU SHOULD KNOW ABOUT YOUR CONSTITUTIONAL RIGHTS

For those who need to know the laws.

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Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

WHAT YOU SHOULD KNOW ABOUT YOUR CONSTITUTIONAL RIGHTS

Postby Dazeemay » Sat Sep 30, 2006 11:45 am

http://www.angelfire.com/mi/oaxamaxao/rights.html

In Gebhardt, supra at 548, n. 13, 510 N.W.2d 900, this Court said:
"We do not accept the "no relief no harm" rule because it is a legal fiction with serious analytical flaws.

Rather than being a legal definition of harm, the rule is a legal fiction that divorces the law from reality. "Persons convicted of a crime will be astonished to learn that, even if their lawyers' negligence resulted in their being wrongly convicted and imprisoned, they were not harmed when they were wrongly convicted and imprisoned but, rather, that they are harmed only if and when they are exonerated."

Gebhardt v. O'Rourke, 444 Mich. 535, 554; 510 N.W.2d 900 (1994).



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Many people have been lead to believe that the BILL OF RIGHTS, found in the UNITED STATES CONSTITUTION, creates a wall between the US Citizens and the US Government whereby privileges and immunities are guaranteed to all citizens and that the government is prevented from crossing specific lines when dealing with the citizens who supposedly have these privileges and immunities described in the BILL OF RIGHTS.

I am one who was also schooled in the thought that these rights were like a wall between myself and my government.

An analogy of what the reality is, when standing before the courts, of what your rights really are and how to exercise them can be simply stated like this:

You do not have these rights in the sense that they are like a solid wall between you and your government protecting you like a guardian from the evils or errors that your government is capable of and may subject you to.

You do have these rights in the sense that it is your responsibility to not only know what these rights are, but how and when to exercise these rights.

You have these rights in the sense that it is your right to build this wall between you and your government, but you must:

Purchase the bricks and mortar
You may hire the workers, or crew, to assist and advise you in building an excellent wall
Build the wall at a meaningful time and in a meaningful way, so as to give your government notice that its presumption that you do not want to exercise your right to have this wall between you and your government shall not be presumed.
Build the wall so that it is reinforced and solid with no cracks or weak spots so that you exercise your rights in an effective way and that the wall will weather all presumptions that the government will use to justify that it is not denying you your rights, but that you have failed to properly and timely exercise them.
What many attorneys, in fact, do to their clients is fail to assist you in building a solid wall and allowing your government, and especially the courts, to presume that your rights are zealously guarded by your legal counsel. It is especially true when the courts consider that should there have been any real foundations of fraud, or corruption, when you stand before the court, then it was the duty of your attorney to raise this issue and preserve these issues, for appeal, in the event that the judge disagrees with your evidence.
The fact that the attorney does not raise these issues at all, forever, creates a presumption that it was the duty of the attorney to raise these issues and since they were not raised then the issues must not have had any merit, or the attorney surely would have zealously performed these duties and obligations. Once the court enters a final court order, these issues are lost forever, unless you can file a successful claim that your attorney negligently represented you and failed to do the duties prescribed to attorneys.

Attorneys obey unconstitutional and unwritten court rules that judges impose on attorneys so that judges will not be bothered with these issues and rights when judges and attorneys are especially aware that now is the time to raise these issues, or forever be lost to the accused or the litigant in court. All court rules provide that claims and defenses of frivolous and malicious prosecutions must be made in court, on record, before the judge. The judge does not want to be bothered with your rights and the attorney knows this and complies with the wishes of the judge, not to be subject to the issue on appeal. That is why these issues are rarely raised, in court!

Many people are led to believe they have rights and the law protects them, which is true. When the law is applied in equity and impartially, the law can be just, fair and beneficial to an ordered, yet free society. It is the legal profession that throws these rights away so as not to inconvenience the courts with your rights. AND THEY GET PAID TO DO THIS !!!!!!!!!!!!!!!!!

Attorneys are the number two cause and reason for of the erosion of the rights of the people when these rights should be exercised before the courts at the time the Constitution provides your rights should be exercised.

The number one reason your rights have been eroded is your failure to learn, understand, exercise and preserve these rights.

Your rights are there, but not in the way you have been lead to believe they are there!

In my opinion the very best legal reform would be for the "people" to learn how to hold attorneys to account! If attorneys had more fear of their clients than they had for judges we could have a fair working legal system. As long as judges have the option of making a case so expensive to litigate that the attorney knows a client will run out of money before the litigation is completed we will continue to have due process by presumption. Apparently the general public finds the current legal system acceptable since there are few "voices" of protest and objection on these very important issues. Injustice is most repulsive when it is received and not when it is observed. The people of this country are really pathetic on this regard and perhaps it is justice when we receive a taste of what we ignore happening to others!

Two specific safeguards we still have as a society, supposedly, ruled by law and not by humans is the right to a jury trial and the right to be on a jury.

Those who have attacked the freedoms, privileges, and immunities provided in the US Constitution, they have done so as to undermine two of the most significant functions of our constitution, Jury Instructions to the Jury by the Judge, Jury Pools, Jury Qualification and by allowing the "governed" to become ignorant, or indifferent, to the reasons for having the right to participate and know the processes of the government.

Knowledge of rights, and the function of government, is probably the most important issue that should be precious to citizen's. These functions of our government are taken for granted and most citizen's presume that the wonder of our government is that they can benefit from all the conveniences offered, such as turning on the light, twisting the faucet for a drink of water, opening the refrigerator door.

Freedom to many means convenience.
Freedom to others means a just government that is fair and applies the law responsibly, without prejudice, and a government that takes responsibility for its actions and is held to account for its negligence and its corruption.
Many argue that the vote is the way these public servants are controlled, or removed.

The law can hold an individual to account for negligence, or criminal activities. The law also provides that most public servants are immune from claims of injury for their actions. Reasoning for this is that the court process is specifically designed to be a fact finding process and the protections from harm by governmental error, or negligence, is specifically built into the fact finding process (court rules and rules of evidence) and this process is what the citizen has to be protected from governmental error and negligence.

The basic protections that have been built into the current system of legal procedures have been forgotten by the general public and that is perhaps the most outrageous crime against society, that society may be guilty of bringing upon itself.
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This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

WRIT OF HABEUS CORPUS IS A CONSTITUTIONAL RIGHT

Postby Dazeemay » Mon Oct 23, 2006 5:51 pm

This link is important to read and act upon I feel.

http://forum.fightcps.com/viewtopic.php?t=5860
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1


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