Scottish Law Online > Discussion Forum Community Home | Search | Contact
 
 
Welcome, Guest. Please Login or Register
 
Visit Amazon.co.uk today Wink
Home Help Search Login Register



Page Index Toggle Pages: 1
Send Topic Print
The Greatest Amendment since the Magna Carta (Read 10011 times)
remesh2010
Newbies
*
Offline


I love YaBB 1G - SP1!

Posts: 2
The Greatest Amendment since the Magna Carta
Jan 7th, 2005 at 7:24pm
 
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hopes that some day,  judges would  be held accountable for the judgements  that they make, i.e. a death sentence when repealed by a higher court, if not properly explained, should amount to attempt to murder.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would ensure that the lower courts pronounce judgements which are absolutely just and fair, and which cannot be repealed by any higher courts.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.
Back to top
 
 
IP Logged
 
John_Law
Junior Member
**
Offline


Young, Educated, Jobless
& Hungry!

Posts: 28
Of no fixed abode...Scotland
Gender: male
Re: The Greatest Amendment since the Magna Carta
Reply #1 - Jan 25th, 2005 at 2:16pm
 
An interesting, if not entirely original argument copied and pasted from Thomas Easaw's Homepage.
http://www.thomaseasaw.com/intro.htm

Justice in most countries is founded on a principle that every citizen is innocent until proven otherwise.

If we were not allowed to defend criminals how would we be able to defend the innocent, as there would be no standard to tell them apart. Thomas Easaws argument is flawed in that we do not have clarevoyance to KNOW who is and who is not guilty until After they have been tried in a court of law.
Back to top
 

If I'd done it when I was supposed to I wouldn't have anything to do now!
 
IP Logged
 
RFM
Junior Member
**
Offline


I love YaBB 1G - SP1!

Posts: 28
Re: The Greatest Amendment since the Magna Carta
Reply #2 - Sep 15th, 2005 at 10:29pm
 
The argument that lawyers promote crime by providing legal assistance is based on an obviously false premise. The criminal is a person who is accused of commiting some wrongful act contrary to the established law, usually sometime in the immediate past. The lawyer is a person, who in providing legal assistance, does not compound or contribute to that past act for the rather simple reason that providing legal assistance is not a crime nor does it advance the comission of,  or contribute to the past act. For instance, in America law students all learn about a federal case known as In re: Ryder. Ryder was a lawyer who was approached by a client who had held up a bank with a sawed- off shotgun. He came to Ryder's office to retain Ryder as he had good reason to believe the FBI was closing in on him. He also told Ryder where he had hidden the shotgun and managed to convince Ryder to go and get it (it was hidden in a bank safety deposit box of all places). Ryder retreived the shotgun and took it to another location, claiming later at his own trial he did so to protect and safeguard evidence. He was convicted and disbarred for accessory after the fact in the crime of bank robbery. The lesson of course is giving legal advice is one thing, helping another to suceed in commiting a crime is another. Although the crime commited is usually in the past, the lawyer understands at his own peril, which side of line he better be walking on.
The Reagan administration in America worked diligently to emasculate the defense bar by engaging in such tactics a evesdropping in lawyer's offices, making lawyers prove their fees were paid from funds lawfully obtained.etc all on the general idea that somehow providing legal assistance promoted crime. Unfortunately there seemed to be a kernel of truth to the accusation in that some lawyers had been convicted of actively assisting criminals in the drug trade. So the clamor went for  tighter controls on lawyers until several members of his cabinet were indicted; suddenly they found the need for capable legal assistance without another peep out of them about lawyers promoting crime.
But as Judge Learned Hand once said, it is the guilty people who need lawyers the most
Back to top
 
 
IP Logged
 
Page Index Toggle Pages: 1
Send Topic Print
(Moderator: YaBB Administrator)



Scottish Law Online Scottish Law Online Quick links:
Scotland: Law Society - Scottish Courts - Scotland Legislation - Scottish Parliament
England: Law Society - Courtservice - DCA - Home Office - Law Commission
UK: BAILII - OPSI - Parliament - House of Lords - Direct Gov - Legal 500 - Chambers
Europe: Europa - ECJ - ECHR - Eur-Lex - Commission - Parliament - OEIL
World: WorldLII - AustLII - CornellLII - Findlaw - UN - ICJ - WTO - Lex Mercatoria
Best of the Web: Amazon - Google - Y!Music - IMDB - BBC News - Radio1 - TV - RoF
Shop Online with Amazon
Discussion Forum Kevin F Crombie 2009