posted on Apr, 10 2010 @ 09:56 PM
I'm unsure if this is in the right board; if it's not feel free to move it.
Also; though parts are specific to the State of Wyoming those parts could be replaced with the Legislation from your respective State.
FOR THE RECORD;
I HAVE NOT PASSED THE QUALIFICATIONS TO REPRESENT SOMEONE WITHIN THE SYSTEM OF LAW.
THE FOLLOWING IS FOR EDUCATION AND ENTERTAINMENT PURPOSES ONLY.
97-1-001 of the Wyoming Constitution
"All Power is inherent to the People, and all Free Governments are founded on their Authority, and Instituted for their Peace, Safety, and
Essentially that says that Governments are established to protect and maintain the individuals rights. Courts are a branch of the Government.
Therefore Courts exist for the protection and maintainence of the individual's rights.
With that in mind, the Courts were established FOR YOU, not for their current use; the generation of revenue.
That being said, the following is a general idea of how to keep their hands out of your pockets. I encourage you to do further research as I
previously stated it is a GENERAL idea and I do not have a formal education in the field.
Always ask if you are on record before the commencement of any Court proceedings as it is for your protection.
In Court cases there must be grounds for "Standing." Standing has three simple requirements. They are as follows;
1) Injury - any harm done by one individual to another individual's body, rights, reputation, or property.
2) Causation - causal relationship between conduct and result
3) Redressability - a favorable court decision will provide for the redress of the injury
Standing is something that the Courts take very seriously. The following are a few Court precedents that show just how important it is.
"Standing is a necessary component of subject matter jurisdiction." Raines v Byrd 521 US 811
"Standing is perhaps the most important of [judicial] Doctrines...Standing represents a jurisdictional requirement which remains open to review at
all stages of litigation."
National Organization for Women, Inc. et al v Scheidler 249 US 510
"The requirement of standing, however, has a core component derived directly from the Constitution. A plaintiff must allege personal injury fairly
traceable to the defendant's allegedly unlawful conduct and likely to be redressed by the requested relief."
Allen v Wright 468 US 737, 751
Often times you can have a traffic ticket thrown on simply on the grounds that the case has no standing.
Should that fail the following is another angle.
Choose to cross examine the Peace Officer who issued you the ticket. You have a Right to do so as under the sixth ammendment you have a right to
confront your accuser. The Peace Officer is your accuser as the traffic ticket is a written testimony to your infraction.
Ask the Peace Officer if he filed a valid Cause of Action against you.
A Cause of Action is a requirement in any Court case. What is a Cause of Action you ask?
Cause of Action - a set of facts sufficient to justify a suit.
Keep in mind, a complaint/ticket is NOT synonomous with a Cause of Action.
That being said, he will answer your above question in the affirmative.
Next, ask the Peace Officer how many elements are contained in a valid cause of action. It is highly unlikely that the Peace Officer will be able to
answer this question. If they can, go ahead and ask them specifically what elements he/she based your Cause of Action upon.
In the event that they are unable to answer the above question the District Attorney will probably jump out of his chair and call for an objection on
the basis that the witness is incompetent. At this point all testimony will be stricken from the record. As I previously stated I have no legal
training so I don't actually know if it will strike the written testimony(ticket) from the record as well. If you do know the answer to this; please
feel free to Enlighten me.
Should the two above angles fail. I have one more to take.
Ask the Judge if it is true that "An indepent and honorable judiciary is indespensible to justice in our society."
Ask if it is necessary that "A Judge shall perform judicial duties without bias or prejudice."
Ask if you are entitled to a fair trial.
Ask if you can get a fair trial if there is a conflict of interest.
Ask who he represents, or rather who he is acting on behalf of.
It is unlikely he will answer this, if he doesn't make sure there is a record of his silence; as he is required to answer the question. If he does
answer, he will say either the state, county, or city in which you are in Court.
Finally ask how you are to get a fair trial if the Judge is acting on behalf of the party to the action.