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Thread: Police teach tactics for handling 'sovereign citizens

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  1. #1
    Quote Originally Posted by Robert Henry View Post
    I'd love to hear more about this, Johnny Cash. I'm currently fighting a traffic ticket, via counter-claim against the citing officer, and I'd love to get some other ideas. I filed a motion to quash at the arraignment, enumerating several points to be answered by the prosecution, which the referee (judge) promptly denied and then entered a plea of not guilty for me, even though I expressly said I was not there to plead and did not consent to him entering one on my behalf. I was under the belief that him denying my motion, without a response to it from the prosecution, was illegal but apparently this happens all the time.
    due process of law
    a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result. While somewhat indefinite the term can be gauged by its aim to safeguard both private and public rights against unfairness. The universal guarantee of due process is in the Fifth Amendment to the U. S. The American Constitution which provides "No person shall...be deprived of life, liberty, or property, without due process of law," and applied to all states by the 14th Amendment. From this basic principle flow many legal decisions determining both procedural and substantive rights.

    Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

    http://legal-dictionary.thefreedicti...Process+of+Law


    This court has held more than once that a statute creating a presumption which operates to deny a fair opportunity to rebut it violates the due process clause of the Fourteenth Amendment. For example, Bailey v. Alabama, 219 U.S. 219 , 238, et seq., 31 S. Ct. 145; Manley v. Georgia, 279 U.S. 1 , 5-6, 49 S. Ct. 215.

    'It is apparent,' this court said in the Bailey Case ( 219 U.S. 239 , 31 S. Ct. 145, 151) 'that a constitutional prohibition cannot be transgressed indirectly by the creation of a statutory presumption any more than it can be violated by direct enactment. The power to create presumptions is not a means of escape from constitutional restrictions.'
    Last edited by LearnTheLaw; 07-19-13 at 12:36 AM.

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