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The Law >> Legal Reform >> The Greatest Amendment since the Magna Carta
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Message started by remesh2010 on Jan 7th, 2005 at 7:22pm

Title: The Greatest Amendment since the Magna Carta
Post by remesh2010 on Jan 7th, 2005 at 7:22pm
The Thomas Easaw Amendment appears as part of a music album as songs, "The Lawyer & The Judge", with all details at www.thomaseasaw.com

The  song, The Lawyer, seeks for legislation  to punish the majority of  lawyers who instead of  setting the innocent free, often help the criminals to keep away from the Law.

When somebody helps a criminal, is not the helper a part of the crime? And just like we do not let the robber free, saying his profession is robbery, lawyers should also not be set free.

It is high time that the civilized society took objection to  the undue relaxation given to such professions which has only resulted in the abetment of crime. Such a legislation would greatly reduce the number of false cases which is what causes this undue delay of justice. The hefty court fees and attendant expenses, expected to keep away the nuisance mongers, have only left the poor in the lurch.

Such an amendment would bring a sense of honour and pride to the righteous lawyer and also prevent the two other great injustices, 'delay of justice' and 'cost'.

Justice will stand truly delivered, only when it is delivered promptly, and that too free of any cost.

The  song, The Judge, proclaims that lawyers should not be made judges and that judges should not be recruited through popular vote or political appeasement, but by a system which will empower them to remain absolutely unswayable. Their recruitment, training and maintenance should be  a class separately above, so that the judiciary remains the most respected position in society, and that only the best in capability and integrity would opt for it.

It also speaks out about the gaping loopholes in the present judiciary the world over and hopes that some day,  judges would  be held accountable for the judgements  that they make, i.e. a death sentence when repealed by a higher court, if not properly explained, should amount to attempt to murder. Such a legislation would ensure that the lower courts pronounce judgements which are absolutely just and fair, and which cannot be repealed by any higher courts. This would greatly reduce traffic in lower and higher courts.

An accountable lower court will also eradicate the unspoken public fear, that there is a nexus among various forces to prolong the judicial process, in order to extract more.

Also that discretionary powers  should be totally withdrawn from all facets of the Law, so that corruption cannot sustain in society. The provision to punish a person arbitrarily, vested as discretionary power on the judge; activates influence, skill, corruption and prejudice, to get the jugdement proclaimed at its discretionary minimum or maximum.

For example, the discretionary provision to punish  a person with imprisonment of 6 months to 1year, than a concrete provision of either 6 months or 1year, would only make "justice"  to precariously perch on lawyer skills, if not already overtaken by  influence, power, prejudice and corruption. What a sorry state, that justice does not have a stand of it's own, and that the ordinary man cannot  be freely sheltered by it.

Power does not corrupt, only discretionary power does.

Further the escape route for the rich and wealthy, in the form of fine, is one of life's greatest injustices against the poor. For the poor, both imprisonment and fine are great pains, whereas for the other, only one of them is. Only when this exit route is scrapped, will justice prevail in any land.

Judiciary the world over, honestly feels and believes that it is doing a great job, but equipped with only the present set of legislation, the reality is far from that.

The songs, The Lawyer and The Judge, comprise THE THOMAS EASAW AMENDMENT OF THE LAW.

Thomas Easaw feels and believes that someday, in his own lifetime, justice would be considered a man's birthright and that he would be able to demand it, rather than beg and plead for it as he is forced to do today.

Title: Re: The Greatest Amendment since the Magna Carta
Post by John_Law on Feb 7th, 2005 at 3:27pm
Why do people insist in posting the same topic in multiple threads?

Title: Re: The Greatest Amendment since the Magna Carta
Post by johnmcg on Feb 7th, 2005 at 10:00pm
Could not agree more.  

I do believe it is not so much judges that should be held liable for there 'judgements' but juries and jurors for finding guilt or otherwise.  

The legal system acts in the best possible of all interests.  Thank goodness we dont send to chokey guilty 'looking' people.   The reliance on innocent until proven guilty and 'silence' is an important check and balance in our liberal western democracy.  Not at all perfect, but a tad better than some other jurisdictions and jurisprudence beliefs.

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