If our Courts refuse to abide by or opt to ignore our enacted laws as they are written or our State and federal constitution(s) or Due Process or Rule of law, why must we abide by them? CRIMINAL JUSTICE REFORM What, exactly, is meant by this? We, here in America, have State and federal constitution(s), Due Process of Law and Rule of Law which protects our citizens from egregious wrongful, malicious prosecutions and an oppressive judicial system. So what, exactly, needs reformed? The problem isnt the system itself, its merely certain unethical individuals, for whatever reasons, think they are above the system and think they are allowed to ignore and abuse the system in what ever manner they want and re-write our laws as they see fit. So the only reform needed is to expose and remove those individuals who have been able to abuse the system in whatever manner they have been able to w/o fear of reprimand or repercussion. This is what needs reform. Rule 3.8 Special Responsibilities Of A Prosecutor The prosecutor in a criminal case shall: (a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause (h) When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction. Model Rule 8.3(a) Reporting Professional Misconduct: “Imposes a mandatory reporting obligation on every lawyer with respect to other lawyers’ violations of the professional rules. Probably no other professional requirement is as widely ignored by lawyers subject to it.”1 “Moreover, the lawyer’s duty to report professional misconduct is the foundation for the claim that we can be trusted to regulate ourselves as a profession. If we fail in our duty, we forfeit that trust and have no right to enjoy the privilege of self regulation or the confidence and respect of the public. A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority. RULE 1.1 Compliance with the Law A judge shall comply with the law,* including the Code of Judicial Conduct. CANON 1 “A JUDGE SHALL UPHOLD AND PROMOTE THE INDEPENDENCE, INTEGRITY, AND IMPARTIALITY OF THE JUDICIARY, AND SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY” As you can see there are Model Rules of Professional Conduct by which officers of the court are to obey. However, as you can see they themselves admit; Probably no other professional requirement is as widely ignored by lawyers subject to it.”1 So, in reality, the solution is quite simple (not). Expose the unethical wrong-doers and remove them. In my mind this is not going to happen w/o the assistance of the media getting far more involved. If the regulatory commissions refuse to reprimand the unethical officers of the court(s) our only option is the media exposing the problem.
Posted on: Fri, 09 Jan 2015 18:39:37 +0000