Wednesday, April 2, 2014

Lie Down Die Down

I think quite a bit about that expression as I have come to interpret it as "to lie down is to quit, to die in the face of adversary."  And in the last few years no one has thought of that more than I.

The hurdles of Justice are in fact so high, so nearly impenatrable you question your agility, your fortitude and overall willingness to sacrifice your all to be heard, to be right, to seek justice, to find the truth, whatever you intend or want the overwhelming labryinthe is so unbeliveably bizarre, frustrating and overwhelming you see why so few elect to do so.

For those who elect to enter the Matrix of the Jurisprudence system you do wonder if you will come upon your Morephus to your Neo, but no you won't.

One day I will understand why those entrusted with the care and aid of those in society don't but I am not sure that enlightenment will change how I feel or no longer do.  That is what changes you the ability to empathize to sympathasize.  I have no interest in others 'drama' you go on autopilot or you simply remove yourself from it.  Hermit anyone? Or perhaps just Greta Garbo?

I found this site today and thought really? My last encounter with a Judge ended with her saying "get an Attorney to assist you with your claim" then promptly signing an order that ultimately prevented me from doing so, in a act of Res Judicata  A rule that a final judgment on the merits by a court having jurisdiction is conclusive between the parties to a suit as to all matters that were litigated or that could have been litigated in that suit.The U.S. legal system places a high value on allowing a party to litigate a civil lawsuit for money damages only once. U.S. courts employ the rule of res judicata to prevent a dissatisfied party from trying to litigate the issue a second time.

So on that advice I guess I won't be needing that Attorney.  And yes I will appeal, sans attorney.  Fancy way of saying "without".  I assume the Judge actually read the order that was so conveniently prepared by the defense Attorney and subsequently had no question and of course I did not oppose as "what's the point?" Well the appeal sounds better as I actually might get a Judge who reads and makes their opinion post argument as they "should." But woulda coulda shoulda.

But I also knew in advance what to expect. There are numerous sites and blogs dedicated to exposing the Courts,  Judges, etc.  This Judge was not favorably rated and it was exactly as I anticipated but I wanted to make an effort.   So I wrote my appeal draft and read from it as a test the water.  And yes she commented on my knowledge of case law so I knew I was heading in the right direction.

I reviewed a District Appeal Court schedule for another area and found that the entire docket was Pro Se Litigants.  Shocking no.  It is an industry in and of itself.  I found numerous articles from Attorneys to Judges with regards to the needs and demands of what is a growing phenomena.  The irony is that this is also the time with more Attorney's in desperate need of work and income as there are more of them then needed.    And I can assure you no you don't need an Attorney, do you want one?  Yes it would be most helpful but at some point its do something or get out of the way and let me try.  It can't get any worse or any more expensive. 

So when you realize how broken the system is you realize that is why we have what we have.  The Justice part of they system of Justice is just as broken and as big as a crapshoot as any Vegas gin joint but at least they serve drinks.  You cannot have the problems we have without adding them in this equation of infinity... or in other words the life sentence.  And all life sentences are death ones as well.

Which brings me to Radley Balko's column today in the Washington Post.  And as always it is a focus of the Prosecutorial Misconduct that literally puts innocent people behind bars with utter arrogance and incompetency, those two qualities are the Siamese twins of the Jurisprudence system, the Tweedle Dee to the Dumb part that usually comes in the form of Police Abuse.  Can't have one hand wash itself now can we?

There is another story, another attempt at resolution and in turn seeking truth, answers and justice in a system established to do anything but. 

Lie down now, die down now it is what they want the Poors do.  Don't go away mad, just go away.

In a dissenting opinion to Imbler v. Pachtman (1976), Justice White, joined by Justices Brennan and Marshall, wrote: "I disagree with any implication that the absolute immunity extends to suits charging unconstitutional suppression of evidence. (Brady) . . . Unlike constitutional violations committed in the courtroom, the judicial process has no way to prevent or correct the constitutional violation of suppressing evidence. The judicial process will by definition be ignorant of the violation when it occurs; and it is reasonable to suspect that most such violations never surface. It is all the more important, then, to deter such violations by permitting damage actions under 42 U.S.C. 1983 to be maintained in instances where violations do surface."  

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