9685Re: Fw: [tips_and_tricks] How do you know the system is broken ????Police Per...
- Dec 5, 2005
I do hope my comments do not offend anyone and if they do my aploygies. It is so easy to sit and call the officals corrupt or liars. It so easy to fall into the simple blame them for the injustices that accure , but I do agree with one reponse here we allow it. Do not get me wrong I am no huge fan to officiers or to be speicfic liars. Although complaining does nothing to resolve or adress the injustice. Nor do I think public hearings would do much either do to the general ignorance of law and acceptance of beleive in TV show law or whatever the are told. A liar is a liar and will always make a mistake someone or some how. This being the almost absolute truth in many cases how does a pro se ,sur juris, free man , etc prove this? By complaining back in court? By calling him a liar? No a man/women learns and understand fundamental rules of evidence and when , how, and why the apply. Motion in limines are powerful tools to get evidence from be submitted , and discovery is perfect way to get the information needed to have the liar show his lies. Unlike what most see on TV or in limited cases in court very few lawyers or lay people actually use the full potentional of the rules of evidence. These rules are fundmental to winning in any case because so offten facts of a case is what gets twisted not the law. It takes time and study but there are pocket books such as "objections in court , published by west law" that help clearly show how to use the evidence rules to win
(also states annotated civil rules give excellent definition )
The following show how powerful knowledge of evidence in practice can be:
Simply knowing that when a attorney in most states starts to make statements that are not subported by evidence or are conclusive they can be objected to before heard completely or sticken from the record. That new evidence establishing any kind of prejury or false statements can be submitted during the coarse of trial to impeach the witness crediablity, that attorneys are not suppose to ask compound questions or bager the witness, and in the case of witness's claiming the 5 amendment many times they fail to invoke it properly, understand that in many cases unless they are in imediate threat criminal prosecution does not apply, and finally simple redirection of questioning to the charcter aspects of the witness after a direct question having them state that they plead the 5 to invoke their right not to incriminate themselves since there is possiblity of criminal charges for their answers. (Submitting a water downed versoin of this in jury instruction can be very effective and should be no objection sense pleading fifth has to be made on speific questions at speific times
) Finally even if the court is completley corrupt one of a person fundamental rights is the right to present evidence in ones favor and in defense as long as the issue is preserved for appeal. Murders and rapist go free weekly on simple techncalities which falls under the automatic reverseal rule (in criminal ) which means in most case you win.
Sorry to get on a rant but those examples and suggestions above are just tip of the ice burg on what can be done with evidence code. So remember unless your are more willing to know more then they do , their lies may be wrong but failing to speak with the force of the law is good man allowing evil to provial.
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