reply to post by jimmyx
A Judges primary responsibility is to find a remedy. Ultimately the Judge would like both plaintiff and defendant to accept their findings as a
remedy.
Judges can act in an autocratic way but that does not mean it won't be overturned on appeal.
It's not about being rude, or belligerent. It's really about showing the State the Judge does not need to provide a remedy in your regard. That you
are self aware, knowledgeable, and able to conduct yourself to those standards that you represent no harm to the state or any citizen and your actions
didn’t cause any harm to a specific citizen or the state.
This is not going to work in real crimes such as murder or theft of treason.
In victimless crimes it is going to work when in fact there is no one who can prove your actions have personally damaged them.
That's common law and not corporate law and Judges are bound by common law by those who demand that common law apply.
Ultimately you are going to have to convince the judge you know common law, and you know what the words mean, especially the Latin Words mean.
A lot of people present these things as get out of jail free cards, they aren't.
You have to actually be able to display you understand the meaning of the words, the principles behind them and to be able to verbalize them in a very
high stress public situation.
You have to be mannered and respectful doing that and you actually have to be able to point to the meanings of the words, their roots in the law, and
sometimes even cite the cases where they have been successfully used and applied.
You have to be able to display you know the game they are playing, but in a sporting way, and that you too are capable of playing the game in a
mannered and genteel way.
The reality is that most judges find this highly intriguing, refreshing and entertaining.
So too will bailiffs, probation officers and prosecutors. The least happy person in the bunch will be your own benched lawyer forced to sit there
watching you do for yourself what they wouldn't do for you as an officer of the court.
They end up the most humiliated person in the process.
A cursory knowledge of these things will in fact not help you well. An absolute knowledge and unshakable conviction in them will help you
tremendously.
No respectable Judge in the nation is going to take offense for you standing up for your own rights. Don't fool yourself about that.
Most Judges are highly empathetic people looking to provide a remedy to all parties.
They aren't prosecutors, they are most often arbiters.
They can only though use the tools that the prosecution and the defense and the jury give them within the confines of the law.
In reality what you are in essence doing is giving them additional tools and permission to use them.
Instead of sitting on the shelf because no one has requested they be brought into play, you are requesting that they be brought in to play.
If you know what those tools are and can describe them this in fact excites many Judges who don't often get to use these tools.
Judges are not adversaries, or advocates, the prosecution is an adversarial advocate not the Judge.
It’s important to understand each role each person plays and to understand that your own fate hangs in the balance and ultimately the person who
does have the most leeway and authority in regards to that in the Courtroom is you.
If you don’t exercise those rights you will loose them in the process, that’s why it’s vital to exercise them without fear or prejudice.
[edit on 1/11/09 by ProtoplasmicTraveler]