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To: jessduntno

I didn’t say that. From what I’ve read on this thread some people think that the actual person on trial, the defendant, is going to be standing up in court and asking direct questions. Unless the person is representing themselves pro se, that won’t be happening. When you read appellate court decisions, they always read something like “defendant argues that this is unfair because x, y, and z”.... the defendant is not arguing, their attorney is on their behalf.


42 posted on 06/25/2009 2:20:01 PM PDT by rednesss (fascism is the union,marriage,merger or fusion of corporate economic power with governmental power)
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To: rednesss
I got that...why, what did I say that was different?

If the court allows the interrogation of everyone in the chain of custody, rather than rely on accepted protocol, flawed as it may be, it means challenges can come from people who have no reason for the challenge, which could touch off a MOUNTAIN of useless days and hours and months of testimony from the initial investigator, tow truck drivers, impound lot guys, lab rats, janitors, techs, ME, ME assistants, trash haulers...an unbelievable cascade of time consuming, expensive and costly (in terms of grinding the courts to a halt) expense to be questioned by who? What expert?

The lawyer (if defendant retains counsel)? I thought he was a legal beagle?

The defendant (if pro per or pro se)? What does he know about forensics (or two trucks).

Or an EXPERT for the defense?

Will the expert need to be versed in all of the above fields or will a corresponding 30 or 40 experts be needed? To present expert testimony, if the client can't pay who will. You?

Will the tow truck driver have to detail for the court how the car was towed and whether it was properly documented, proven by an hour or so of the impound lot staff.? Who pays for that? Will a mechanic be called to testify? Who pays for that? You? Or do they just raise the impound fee so if you are towed it will cost you $500 bucks instead of $90?

If the law proceeds in this fashion, we are all relegated to no legal system as we know it, certainly not a swift trial...each trial could easily triple or quadruple in cost and time...the lawyers win...and the people end up like the people in the last days of Rome, just hopelessly screwed, all of them, all of the time...hating the cops, the cops unable to do any real work, then hating the people (as if that isn't bad enough now) while the billable hours tick by in an uncountable measure...and the defendants (yes, some who are innocent, others who are definitely NOT) get to roam around, laughing their asses off at how gullible we are...because we will have no room to put them up while awaiting trial (and there will be hell to pay if we don't) and I'll tell you, if you think the legal system sucks now, wait until we sink into this muck...

43 posted on 06/25/2009 2:55:33 PM PDT by jessduntno (July 4th, 2009. Washington DC. Gadsden Flags. Be There.)
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