Law

This will be an occasional offering on matters legal. There is an enthusiasm among the ruling class for producing Bills of Rights. This sounds like a good idea but they are designed to strengthen government oppression, further trendy causes and deceive the public. The Crown Prosecution Service takes a position on some law at CPS Legal Guidance. A better understanding comes from Frederic Bastiat, a French philosopher. It is a system by which everybody tries to live at the expense of everyone else; that Tax is largely theft.
PS General advice in England might be had from http://www.clsdirect.org.uk/about.php

Armed with his Rousseauist doctrines of popular sovereignty, or his Marxist ideas of power and ideology, the revolutionary can de-legitimize any existing institution and find quite imperceivable the distinction between law aimed at justice and law aimed at power.
Roger Scruton, writing in 1989. He would, I think be "on message" regarding Originalism.

Salus Populi Suprema Lex  [ 16 January 2017 ]
Salus populi suprema lex is a Latin legal maxim that means welfare of the people shall be the supreme law. The maxim tends to imply that law exists to serve the common good. It means e.g. that encouraging mass Immigration by Third World parasites is a breach of good government and Treason to boot.

Pat Buchanan explains European Future

 

Originalism
Is another "ism" invented by Marxists running Propaganda machines. They did it to pervert the idea that words mean what they say as distinct from what  Marxists want. Their problem with the American Constitution is that the words are written down in black and white. They can't be changed; they can be abused or, more usually ignored.

 

Agent Provocateur

 

Attorney General ex Wiki
The Attorney General for England and Wales [ currently Jeremy Wright - ex Wiki ] is similarly the chief law officer of the Crown in England and Wales, and advises and represents the Crown and government departments in court. In practice, the Treasury Solicitor (who also has the title of Procurator General) normally provides the lawyers or briefs Treasury Counsel to appear in court, although the Attorney General may appear in person. The person appointed to this role provides legal advice to the Government, acts as the representative of the public interest and resolves issues between government departments.

The Attorney General has supervisory powers over the prosecution of criminal offences, but is not personally involved with prosecutions; however, some prosecutions (e.g. Riot) cannot be commenced without his/her consent, and he/she has the power to halt prosecutions generally. Criminal prosecutions are the responsibility of the Crown Prosecution Service, headed by the Director of Public Prosecutions. The Attorney General may appeal cases to the higher courts where, although the particular case is settled, there may be a point of law of public importance at issue.
PS Attorneys general can commit Obstruction of Justice - in America. The Waco Massacre is a case in point. In England ours Perverted The Course Of Justice by allowing Treason At Maastricht. The perpetrators were  Francis Maude and Douglas Hurd.

 

Bankruptcy
Americans were informed that bankruptcy was a personal financial tool. They took the point so Big Business changed the law to stop them using it. Of course it is different for the big people; it is just the rest of us. Now, in England Griffin, the 'serial swindler' who has run the British National Party into the ground is laughing at the creditors he cheated. For people it is a maximum of twelve months. If you are in a hole stop digging. Get those debts written off.

 

Bill of Rights
This is the American Bill, one with a virtue. It is written which makes more difficult to ignore, to pervert, to abuse.

 

Civil Contingencies Bill
Some law is good law. Most law is bad law. Any Act passed in the last hundred years is likely to be unnecessary at best and tyranny at worst. This is one such.

 

Common Law
England has its common law rather than local laws. Other countries followed suit. They were once part of the Empire.

 

Complicity
QUOTE
An individual is complicit in a crime if he/she is aware of its occurrence and has the ability to report the crime, but fails to do so. As such, the individual effectively allows criminals to carry out a crime despite possibly being able to stop them, either directly or by contacting the authorities, thus making the individual a de-facto accessory to the crime rather than an innocent bystander.

Law relating to complicity varies. Usually complicity is not a crime although this sometimes conflicts with popular perception. (See The Finale (Seinfeld)). At a certain point a person that is complicit in a crime may become a conspirator depending on the degree of involvement by the individual and whether a crime was completed or not.
UNQUOTE
Politicians ignoring deliberate breaches of the Constitution are complicit.

 

Coroners And Justice
Coroners are like Juries, independent of the rest of the State. At all events, they were. Now they are being taken over by corrupt politicians.

 

Court of Star Chamber
Bad law was the practice, if not the principle. It helped finish off the Stuarts.

 

Criminal Justice System Reform
The crime industry pays off very handsomely for the people paid to prevent it and the lawyers who deal with what is laughingly call justice. Sean Gabb of the Libertarian Alliance puts a position based on sound common sense, a rare virtue in this area.

 

Criminal Law
The Wiki makes it plain and simple - by the standards of the average pettifogging lawyer.

 

Director of Public Prosecutions
The DPP should be honest. It is his business to enforce the law so he should live by it but in these times of gross corruption it doesn't work like that.

 

Double Jeopardy
QUOTE
Double jeopardy is being tried twice for the same crime. The patriotic Englishmen accused of doing the Lawrence Job are being tried again, double jeopardy notwithstanding because Her Majesty's Government has perverted the law to get them. They are, like Her Allegedly Loyal Opposition malicious Racists who hate England.
UNQUOTE
It is one of the standard defences in criminal cases.

 

Equality Before The Law ex Wiki
QUOTE
Equality before the law
, also known as equality under the law, equality in the eyes of the law, or legal equality, is the principle under which all people are subject to the same laws of justice (due process).[1] Law also raises important and complex issues concerning equality, fairness, and justice. There is an old saying that 'All are equal before the law.' The author Anatole France said in 1894, "In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread."[2] The belief in equality before the law is called legal egalitarianism.

Article 7 of the Universal Declaration of Human Rights states that "All are equal before the law and are entitled without any discrimination to equal protection of the law."[1] According to the United Nations, this principle is particularly important to the minorities and to the poor.[1]

Thus, everyone must be treated equally under the law regardless of their race, gender, national origin, color, ethnicity, religion, disability, or other characteristics, without privilege, discrimination, or bias.

Equality before the law is one of the basic principles of liberalism.[3][4]
UNQUOTE
Of course we must not forget the reality, that:- SOME ARE MORE EQUAL THAN OTHERS in the den of iniquity which is Her Majesty's Government.

 

Evidence
Is what puts criminals in prison and keeps honest men out. That is the hope but not always the reality. There are important things to know when you are accused.

 

Exclusion Clauses
QUOTE
A software company's stipulation that customers could not take action against it for the poor performance of its software was unfair and could not be enforced, the High Court has said.

The software company should have alerted its customer to problems with the product when demonstrating it and chosen more demonstrations for it that more closely matched the customer's own business requirements, the Court said.
UNQUOTE
Caveat emptor does not mean quite what various crooks want it to mean. See the Unfair Contract Terms Act 1977, Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982

 

Freedom of Information
The Freedom of Information Act 2000 obliges public bodies to tell you want you want to know, exemptions apart. It is a useful tool with the force of law behind it.

 

International Russell Tribunal
When politicians escape justice because they run the system, this tribunal runs, sometimes. It helps embarrass war criminals like Blair.

 

Hostile Witness ex Wiki
A hostile witness, otherwise known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness.

Process
During direct examination, if the examining attorney who called the witness finds that their testimony is antagonistic or contrary to the legal position of their client, the attorney may request that the judge declare the witness hostile. If the request is granted, the attorney may proceed to ask the witness leading questions. Leading questions either suggest the answer ("You saw my client sign the contract, correct?") or challenge (impeach) the witness' testimony. As a rule, leading questions are generally only allowed during cross-examination, but a hostile witness is an exception to this rule.

In cross-examination conducted by the opposing party's attorney, a witness is presumed to be hostile and the examining attorney is not required to seek the judge's permission before asking leading questions. Attorneys can influence a hostile witness' responses by using Gestalt psychology to influence the way the witness perceives the situation, and utility theory to understand their likely responses.[1] The attorney will integrate a hostile witness' expected responses into the larger case strategy through pretrial planning and through adapting as necessary during the course of the trial.[2]

 

Hue And Cry
Is the call to action for the citizens after a criminal is seen.

 

Jewish Exchequer
Handled matters between the King, Jews and people. It was arranged to prevent Jews cheating; they used it as an Engine of Extortion.

 

Justice
Some gross examples of injustice cast doubts on the whole system.

 

Justice Perverted Is Justice Denied
Bad law makes for bad cases. Bad politicians make bad law. That is how England is being destroyed.

 

Judging The Judges
They have lost sight of their proper role says Doctor Jones, a classics man who knows about the democracy of Athens.

 

Jury Law
A jury is a man's last and best hope of a fair trial in England. A jury has power but does not know it. Juries should know.

 

Law Enforcement
That means police which in turn means corruption, arrogant, idle bullies and expense.

 

Lawyers Destroying Civilization
You might feel that they are just parasites, sucking our life blood by abusing legal aid. It is worse; they are, all too often Lenin's Useful Idiots with an agenda.

 

Lawyers On The Make
Phil Shiner is a greedy shit as well as a Socialist. But when it comes to money he is a Capitalist Swine.

 

Legal Abuses
Is about judges abusing their power, judges acting Ultra Vires, asserting powers that they do not have, by abusing our ignorance.

 

Libel Law
In England is grossly repressive. Here is some background.

 

Lynching
Is reserve justice, backup justice, effective justice. When it is preemptive justice lawyers object; it does them out of business.

 

Manslaughter In English Law
In the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the mens rea (Latin for "guilty mind"). In England and Wales, the usual practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option (see lesser included offence). The jury then decides whether the defendant is guilty or not guilty of either murder or manslaughter. On conviction for manslaughter, sentencing is at the judge's discretion, whereas a sentence of life imprisonment is mandatory on conviction for murder. Manslaughter may be either voluntary or involuntary, depending on whether the accused has the required mens rea for murder.

Manslaughter by gross negligence
Under English law, where a person owes a duty of care (either by statute or by the neighbour principle[7]) and is negligent to such a degree that consequently the law regards it as a crime[8] (namely the person has been grossly negligent) and that person causes the victim to die, he may be liable for gross negligent manslaughter.[9] The defendants in such cases are often people carrying out jobs that require special skills or care, such as doctors, teachers, police or prison officers, or electricians, who fail to meet the standard which could be expected from a reasonable person of the same profession.[10] In R v Bateman[11] the Court of Criminal Appeal held that gross negligence manslaughter involved the following elements:

  1. the defendant owed a duty to the deceased to take care;
  2. the defendant breached this duty;
  3. the breach caused the death of the deceased; and
  4. the defendant's negligence was gross, that is, it showed such a disregard for the life and safety of others as to amount to a crime and deserve punishment.

The House of Lords in Seymour[12] sought to identify the mens rea for "motor manslaughter" (negligently causing death when driving a motor vehicle). Reference was made to R v Caldwell and R v Lawrence[13][14] which held that a person was reckless if:

 

 

Miscarriages of Justice
England has the best police force that money can buy. Add in prosecutors who want a guilty verdict, defence solicitors who might or might not be competent and judges who might be prepared to swallow any cock and bull story they are fed then worry.

 

Patent Law
Deals with aspects of intellectual property but not copyright.

 

Perjury
Is lying on oath - more or less. Lawyers make it more complicated so that their little mates get away  with it.

 

Perverting The Course Of Justice
Explains itself. Lawyers explain it so that the guilty walk free.

 

Public Order Act 1986
Is used as a weapon to suppress free speech as the Heretical Two found to their cost.

 

Resistance to Interrogation
You need to know this when government apparatchiks start, especially if they are police. 

 

Rights Of The Accused
They can sound excessive but when they are compared with the powers of the state apparatus, especially in political cases it is different. Clive Ponting would agree after he was the victim of a Malicious prosecution under the Official Secrets Act 1911

 

Rule Of Law
Is the idea that nobody is above the law, not even if they are corrupt politicians like Blair. The idea is related to Selective Prosecution

 

Serial Litigants
When someone sues you it is worth knowing if it is a habit. Various chancers make money this way. Some of them are major nuisances.

 

Sharia Law
Is what Islamics use.

 

State Coercion In England
The law has been used and abused by Maggie Thatcher and her followers on. They made corrupt law in order to harass the particular Englishmen alleged to have killed Stephen Lawrence, because Lawrence was a black; for that reason and no other. It was malicious law made to bring Malicious prosecutions,

 

Sullivan Act
The Sullivan Act of 1911 required licencing for pistols in New York because Sullivan, a major criminal was helping his people rob outsiders.

 

Supreme Court an important example of committee packing
The American Supreme Court wields great power. Its nine judges are political appointees. It is naked power. Just watch the Jews fight for it. The fact that Hispanics get there indicates that the Jews are anti-white not pro-anyone else.

 

Unjust Enrichment
Unjust Enrichment is a term in English common law which is splendidly clear but not a matter of criminal law. Thus it sidesteps the nausea of proving criminal intent, beyond all reasonable doubt. Making the direct connection between the loot and the lack of value is the way to go. It is strangely unpopular in legal goings on. It is related to Unconscionability and somewhat to Quantum meruit.

 

Unlawful Stop And Search Worth £100 A Minute
The Daily Mail's articles do not qualify as authoritative statements of English law but they are suggestive.

 

The grand jury--independent of the 3 branches of government [ 22 January 2007 ]
QUOTE
The Grand Jury is also known as the people’s panel. Every citizen should know the history and purpose of the grand jury in order to properly protect their fellow man from prosecutorial abuse. When citizens are unaware of their power they cannot exercise that power to uphold justice. 

All three branches of government shared a common interest in limiting the power of the grand jury – the pre-constitutional institution unregulated by any branch. 
UNQUOTE
Twelve good men and true can protect the accused against malicious prosecution. In America they can also bring charges against corrupt officials. We need juries more than ever. Clive Ponting knows that after the 12 got him off the hook regarding the sinking of the Belgrano off the Falklands.

 

Thieves no longer have to appear in court [ 17 January 2006 ]
Blair is perverting justice, deliberately, systematically and without bothering to tell us. New Labour is genuinely revolutionary and genuinely evil. The legal system was designed to protect us against malicious politicians. Blair is stripping us of that protection but he has thirty armed thugs at the end of Downing Street to protect himself.

 

Internet Clamp Down is Tightening!  [ 14 January 2006 ]
QUOTE
Bush just recently signed into law the Washington Politburo's latest attack on those pesky internet users bent on exposing the truth. It is now illegal to send e-mails or post web messages that 'may be annoying to someone' without exposing your true identity.
UNQUOTE
You might think that this is an entirely straightforward breach of the First Amendment to the Constitution, the one that Bush swore to uphold; as did the Senate and Congress. It is. Will that keep you out of prison if Bush decides to lean on you? Not a hope in Hell!

 

Blair plans evictions for rudeness  [ 12 January 2006 ]
QUOTE
BRITISH householders could be kicked out of their homes for failing to stop anti-social behaviour, under plans announced yesterday by Prime Minister Tony Blair to restore respect in society. Families who refuse help to improve their parenting face eviction and the loss of their housing benefit, or a fine if they live in private homes. The most disruptive people will be taught social skills, such as getting up in the morning, paying bills and living together as a family.
UNQUOTE
Social skills should include being a mate of Blair and getting promoted when caught or allowed to stay in a very nice place for free. Ask Mandelson and Blunkett how they got away with it.

 

Impeach Blair on Iraq, says general  [ 11 January 2006 ]
Sir Michael Rose was involved. He knows what he is talking about and now that he is out he can say what he wants and what is right. Not all of the high command are apparatchiks. He is not the first to say impeach but MPs are apparatchiks and let him get away with it. Sir Michael was the commanding officer of 22 SAS.

 

Bush Advisor Says President Has Legal Power to Torture Children [ 9 January 2006 ]
He could torture Jack Abramoff or Libby or Ken Lay but they are friends so that is different. Torturing foreigners is another matter all together. This comedian [ Yoo ]  is George's main lawyer and says that he can wage war when he wants, where he wants, against who he wants. And that he  can  tap phones without warrant. Choose your lawyer and choose your story. Yoo has the gall to say this in public.

 

No identity card in the police state?  [ 8 January 2006 ]
Illegal immigrants will be exempt of course. So will foreigners and various other undesirables. It is just Englishmen that will be leaned on. Crime prevention has nothing to do with it. Destruction of freedom has.

 

Sounding the alarm about a bill of rights [ 22 December 2005 ]
A Bill of Rights sounds like a good idea. It is not. It is a terrible idea. It gives power to judges and virtually unlimited power to pervert the law according their agenda. Actually it is worse because pressure groups can feed them bad cases and make bad law. Illegal immigrants and paedophiles would get away with it for starters This is from a professor of law so he knows what he is writing about.

 

William Rehnquist
Bill was essentially the Lord Chief Justice of America and rather sound. The Trots hated him. He told the world in 1957 that judges were perverting the Constitution for political reasons. He was right and it has gotten worse.

He was a racist too it seems. He claimed that people in the South didn't like coloured people. Post Katrina we can see why but the author of this self righteous little homily Rehnquist the Racist might not agree.

 

Lord Lane LCJ, AFC
He did a tour in Wellingtons then flew Dakotas on D Day. He made it to Arnhem and back in 1944. As the Lord Chief Justice of England he was keen on longer sentences for violence and upholding the individual against the state. He did a lot of high profile cases but his career was marred by the Birmingham 6 job and vicious press commentary.

 

Christian Preacher Persecuted Prosecuted For Offensive Speech [ 11 January 2016 ]
QUOTE
Evangelical preacher who called Islam 'heathen' and 'satanic' and hailed Enoch Powell as a prophet is CLEARED of making grossly offensive remarks 
Protestant preacher Pastor James McConnell has been found not guilty
Cleared of sending grossly offensive messages after sermon put online
Described Islam as 'doctrine spawned in hell', said he didn't trust Muslims
Judge said the pastor had not 'set out to intentionally cause offence' and added his comments were protected under human rights legislation Court told if he had qualified his remarks he could have avoided charges.................

The court heard although the words upon which the charges were based were offensive, they did not reach the high threshold of being 'grossly offensive'.......

Delivering his reserved judgment, District Judge Liam McNally said: 'The courts need to be very careful not to criminalise speech which, however contemptible, is no more than offensive. 'It is not the task of the criminal law to censor offensive utterances. 'Accordingly I find Pastor McConnell not guilty of both charges.'
UNQUOTE
So a Christian is persecuted while Islamic thugs get the kid glove treatment. It is Selective Prosecution, it is corruption, it is policy.

 

Lawyer Destroyed Evidence [ 11 January 2016 ]
QUOTE
Iraqis’ solicitor 'shredded’ torture file
A solicitor for nine former Iraqi detainees is to be investigated after shredding key document at centre of inquiry into claims they were tortured by British soldiers
Anna Crowther, 31, could be facing a disciplinary tribunal and if found guilty, she could be barred from legal practice A leading firm of solicitors which destroyed a key document at the centre of a controversial inquiry into the actions of the British Armed forces in Iraq is being investigated by the solicitors’ watchdog.

The document had the potential to stop legal proceedings in their tracks − saving the taxpayer at least £27 million − but it was shredded by solicitors acting for nine Iraqi former detainees.

It appeared to show that the men, at the centre of what is known as the Al Sweady Public Inquiry, were members of an armed insurgency militia, not the innocent farmers and students they claimed to be.

Although the document was given to the London-based firm Leigh Day in 2007, it was not made public until last year. Remarkably, it was then destroyed the day before it was due to be handed over to the inquiry’s officials. The Telegraph can today name the solicitor [ perpetrator? ] who arranged for the destruction of the document as Anna Crowther, who works in Leigh Day’s international and group claims department.

The Solicitors Regulatory Authority (SRA) has begun an investigation into the incident which could result in Miss Crowther, 31, facing a disciplinary tribunal. If found guilty, she could be struck off and barred from legal practice........

“Ms Crowther was aware on Aug 26 2013 that the inquiry was due to attend the following day. On … the day before the inquiry’s attendance, Ms Crowther arranged for relevant documents (namely the translations) to be shredded.”.
UNQUOTE
Crooked Socialists like Phil Shiner, who is part of the same corrupt malpractice, are all about when it comes to greed & money. The Telegraph says that Crowther might be struck off. It does not mention Perverting The Course Of Justice, Fraud or other crimes.

 

Equality Under The Law For Englishmen But Not Pakistani Rioters [ 18 May 2016 ]
The Rotherham 12 matter because they are Pakistanis. The Rotherham 1400 don't matter because they are English girls raped by Pakistanis. Of course the South Yorkshire Police matter too because PerjuryPerverting The Course Of Justice & Misconduct In Public Office are just their SOP [ standard operating procedure ]. They were allowed to collude with Pakistani criminals because Labour needed the Vote Rigging to stay in power.

 

Jew Says Torture Is Totally Illegal Under International Law [ 24 January 2017 ]
QUOTE
State-Sanctioned Torture in the Age of Trump
By Marjorie Cohn, Truthout
During the presidential campaign, Donald Trump declared he would "immediately" resume waterboarding and would "bring back a hell of a lot worse than waterboarding" because the United States is facing a "barbaric" enemy. He labeled waterboarding a "minor form" of interrogation...................

What does torture have in common with Genocide, slavery and wars of aggression? They are all "jus cogens." That's Latin for "higher law" or "compelling law." This means that under international law, no country can ever pass a law that allows torture. There can be no immunity from criminal liability for violation of a "jus cogens" prohibition.

The United States has always prohibited torture -- in our Constitution, laws, executive orders, judicial decisions and treaties. When we ratify a treaty, it becomes part of US law under the Supremacy Clause of the Constitution.
UNQUOTE
The Jew, Cohn [ a misspelling of Cohen ] is lawyer enough to understand law and to ignore the truth when it doesn't fit her agenda. That is why she says nothing about the murderous thugs who run Israel but see e.g. How Jews Torture People, Jews And Torture or even Now You Are Paralyzed.

 

 

 

Errors & omissions, broken links, cock ups, over-emphasis, malice [ real or imaginary ] or whatever; if you find any I am open to comment.
 
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Updated on 30/01/2017 19:55