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A couple of tips

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  • Frog Farmer
    Hypocritical Excerpt from Judicial Independence in the U.S. By U.S. Supreme Court Associate Justice Stephen G. Breyer (who has no required appointment
    Message 1 of 1 , Jan 3, 2007
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      Hypocritical Excerpt from
      Judicial Independence in the U.S.
      By U.S. Supreme Court Associate Justice Stephen G. Breyer

      (who has no required appointment affidavit or oath of office on file)

      "The most vexing questions with respect to compliance do not usually
      arise where the parties in front of a judge are private individuals.
      When a judge issues an order to an individual, the power of the state is
      cohesive behind the judgment, and an individual who resists likely will
      be facing police officers who enforce the court order."

      "A more complex problem arises when the addressee of an order is the
      government, and the government refuses to comply. Refusal to comply
      would be more likely if court orders were general, and were directed at
      institutions rather than individuals. The tradition in the United
      States, however, is that orders are issued to individuals. Thus, for
      example, if a court finds that a person did not receive a fair trial and
      must be released from prison, a court order on a petition for habeas
      corpus usually will not be issued against the state, or against the
      state's prison system. Rather, it will be issued against an individual,
      usually the prison warden or the director of a state's correctional
      system. This places the individual who has power to act in the name of
      the state in the uncomfortable position of having a court order directed
      at himself or herself, and creates the potential that, should the
      official fail to comply, the court will issue a contempt order, imposing
      a personal fine or even incarceration pending compliance. It is much
      more difficult for an individual to risk resistance to a court order
      than for the state to do so."

      --------------

      On another note, people often ask me for voire dire questions. How
      about this one?

      Defendant: Juror Number 14, in what capacity do you propose to act
      officially today?

      Juror #14: Huh? Uhhhh....I got a call to jury duty.

      Defendant: Yes, and so I get to ask you my question, in what capacity
      do you propose to act officially today? You do understand the concept
      of legal capacity do you not?

      Juror #14: Oh sure! I just can't remember if we're on the metric
      system yet.

      Regards,

      FF
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