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Is Judicial System Part of the Crime Problem?

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  • Katy and John
    I am more concerned about the innocent being convicted than the guilty going free. The judges are not supposed to work with the prosecutors; they are
    Message 1 of 3 , Dec 22, 2011
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      I am more concerned about the innocent being convicted than the "guilty" going free. The judges are not supposed to work with the prosecutors; they are required to be unbiased. If 80% of people are found innocent or the charges are dismissed, the problem may be too many arrests of innocent people or for minor violations. The US has 2.6 million people in jail. Listen to the comments by Presidential candidate Gary Johnson on the state of the legal system. Putting more people in jail is not a solution to crime. Governor Perry just pardoned a death row victim who was innocent. Dr. Katy Hoover
    • b quinlan
       Clearfield Doctrine 14 comments Clearfield Doctrine Governments descend to the Level of a mere private corporation, and take on the characteristics of a
      Message 2 of 3 , Dec 22, 2011
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         Clearfield Doctrine14 comments


        Clearfield Doctrine

        "Governments descend to the Level of a mere private corporation,
        and take on the characteristics of a mere private citizen...where
        private corporate commercial paper [Federal Reserve Notes] and
        securities [checks] is concerned. ... For purposes of suit,
        such corporations and individuals are regarded as entities
        entirely separate from government." -

        Clearfield Trust Co. v. United States 318 U.S. 363-371 (1942)
        What the Clearfield Doctrine is saying is that when private
        commercial paper is used by corporate government, then
        Government loses its sovereignty status and becomes no
        different than a mere private corporation.

        As such, government then becomes bound by the rules and
        laws that govern private corporations which means that if they
        intend to compel an individual to some specific performance
        based upon its corporate statutes or corporation rules, then
        the government, like any private corporation, must be the holder-
        in-due-course of a contract or other commercial agreement
        between it and the one upon whom demands for specific
        performance are made.

        And further, the government must be willing to enter the contract
        or commercial agreement into evidence before trying to get to
        the court to enforce its demands, called statutes.

        This case is very important because it is a 1942 case after the
        Erie RR v. Tomkins 304 U.S. 64, (1938) case in which the
        Legislatures and Judiciary changed from legislating under
        "Public Law", which was in consonance with the CONstitution,
        to legislating under "Public Policy" according to the wishes
        of the "Creditors of the US Corporation".

         

        http://www.jurisdictionary.com/?refercode=QB0001

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