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   can.legal      Debating Canuck legal system quirks      10,932 messages   

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   Message 9,247 of 10,932   
   The Todal to dotcom   
   Re: Refusing to stand in court   
   30 Aug 09 12:58:20   
   
   c18f6185   
   XPost: aus.legal, misc.legal, uk.legal   
   From: deadmailbox@beeb.net   
      
   dotcom wrote:   
   > On Aug 30, 9:02 pm, "Norman Wells"  wrote:   
   >> dotcom wrote:   
   >>> On Aug 30, 8:37 pm, "Norman Wells"  wrote:   
   >>>> Doug wrote:   
   >>>>> On 30 Aug, 03:52, "¦ Reality Check© ¦"  wrote:   
   >>>>>> "dotcom"  wrote in message   
   >>>>>>> So can a judge really kick you out of court for not standing for   
   >>>>>>> him?. And what justification would he have if I was otherwise   
   >>>>>>> just sitting quietly minding my own business. Where would I   
   >>>>>>> find the   
   >>>>>>> law that   
   >>>>>>> says I have to stand?   
   >>>>> Yes if you don't comply with the ritual you can expect to be   
   >>>>> punished for it. You are supposed to wear a suit to make yourself   
   >>>>> look respectable and law-abiding and show due deference to   
   >>>>> demonstrate your acceptance of the process and its decision   
   >>>>> making.   
   >>>>> It is a form of blackmail, "Do as we want or else". Reminds me of   
   >>>>> my school days.   
   >>   
   >>>> And so it should, because it's the grown-up version, which we   
   >>>> adults call 'society'.   
   >>   
   >>>> Like it or not, it's the will of the people, expressed through the   
   >>>> democratic process, that these people should have authority over   
   >>>> you. And, like it or not, these people can make life pretty   
   >>>> unpleasant for you.   
   >>   
   >>>> If you fancy yourself as a martyr, that's OK and perfectly allowed.   
   >>>> In fact it would be quite amusing, so I won't discourage you. If   
   >>>> you don't, however, the best advice is to try to minimise the   
   >>>> impact,   
   >>>> and that means showing conformity with the process, even if it   
   >>>> means   
   >>>> you have to publicly compromise your precious principles.   
   >>   
   >>>> Your choice.   
   >>   
   >>> precious principles Norman? you mean like honesty, respect for the   
   >>> truth and justice?   
   >>   
   >> No, none of those are compromised in the least by wearing a suit or   
   >> standing when the judge enters the court. Try again.   
   >>   
   >>> I think you are a bit confused about the meaning of authority. My   
   >>> boss at work has authority over   
   >>> me , I respect that, but it doesn mean I have to bow to him, or   
   >>> stand when he enters the room, or call him your worship.   
   >>   
   >> If that's what he wants, however, your choice is to comply or suffer   
   >> whatever consequences he has the power to inflict. Or leave. But   
   >> that's seldom an option in a courtroom.   
   >>   
   >>> The crap that goes   
   >>> on in courts is not about authority , society or democracy its about   
   >>> the pompous asses that call themselves lawyers and judges, and I   
   >>> wouldnt trust any of them as far as I could kick them..   
   >>   
   >> But that's all irrelevant. These people have power over you. You may   
   >> not like it, but it's a fact. They can do things to you that you   
   >> won't like, and society will uphold them in doing so. Complain as   
   >> much as you like, therefore, it's still best to conform.- Hide   
   >> quoted text -   
   >   
   > Or just maybe Norman they dont have the power you think they do?   
   > 20 posts so far and no one has yet referred to any legislation that   
   > says you have to stand   
   > when a judge walks in the room, or that he can punish you for not   
   > doing so.   
      
   And there is no law that obliges you to address the judge as "your worship"   
   or "your honour" or "my lord".   
      
   It's merely a convention among lawyers. Non-lawyers can try to imitate the   
   lawyers if they want to, or not. The judge won't give a shit about what you   
   call him, so long as it's reasonably polite (so avoid calling him "you   
   idiot").  His job is to make a fair decision based on the evidence presented   
   to him, and to comply with the overriding objective which is to ensure that   
   justice is done and that lawyers don't obtain an unfair advantage over   
   unrepresented litigants.  In an English courtroom (ie England and Wales at   
   any rate) he will do that job generally very well, even if you happen to   
   believe, wrongly, that judges are pompous asses or that they are biased.   
      
   If you are rude to a judge, he'll probably ignore that too. If you lose your   
   case and you swear at him and call him names he'll tell you he understands   
   your disappointment and will not start threatening you with contempt of   
   court or prison.   
      
   Try going to a trial sometime.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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