Becraft Strikes Again

[Nikki]

Where? Where?

[Number Six]

These comments should have accompanied what I posted before from Attorney Becraft, quoted from Marlatt on not going to law unless you have competant counsel:

(http://home.hiwaay.net/~becraft/Marlett.html)

"Using the Judicial System


The losses we've suffered in the courts can largely be attributed to a few basic causes, although they manifest themselves in very different ways in different cases. It is important to note a few basic facts though, which seriously affect every single case.

1) The judicial system is composed of courts of law, not theory and not morality. If the court begins to recognize theories, philosophies, or codes of morality, then the court has lost all integrity as to issues of law. If the court recognizes any philosophy or code of morality, then it must also recognize opposing philosophies or codes of morality. It would soon become impossible to distinguish what the law is, and is not – and the court would have to adopt as its own a philosophy or code of morality. This would effectively cause the Court to be a legislative body, and would be totally detrimental to the cause of Constitutional government. Many theories, philosophies, and moral codes are indicated within laws, but only the laws – not the supported theories, are useable in a court of law.

2) The courts have established rules by which they operate. Failing to abide by those rules can defeat any case at any time… simply put, play by the rules, or you lose no matter how good your argument is. (learning the rules and forcing opposing counsel to follow them can be rather effective as well.)

3) The judicial process is slow… if you're not willing to stay the course, don't start the race. There is nothing accomplished if you aren't willing to devote years to the fight.

4) If you aren't willing to take the time and spend the effort to do the job correctly, don't cause problems for those who are. Improperly filed or poorly framed cases do far more harm than good, and simply shouldn't be filed in the first place. They do far more harm than good.

If all you seek to do is make a statement, I'd suggest using the local newspaper. If you want to accomplish anything in the court system you'll have to follow the Rules of Procedure perfectly, and base your arguments upon the only two sources of authority recognized by the court: law and case law (prior rulings of the courts). Arguments based upon a ruling which has been overturned since it was originally made will almost always fail, so do your homework before using it. Be sure to cite the laws on which you base every argument, any case law which supports your position, and what law gives the court in which you are filing your complaint jurisdiction in the case. You must also cite what harm you have suffered and from whom when you file a complaint. Trying to "pile it on" by creating charges not based in applicable law will do far more harm than good – don't bother. Be specific with the charges, and cite the proper laws, or you'll be shooting yourself in the foot."