Presumed Guilt Is Now The Norm-Condemn Bar Associations' Dictatorship
Dear Fellow American, January 2004
On two occasions I was cited for speeding in the Alleghany Highlands.On the first offence, regardless of the lack of any tangible evidence, I was given an option to take a driver improvement program class in order to spare myself of an conviction.
Without going into the details, on both occasions I was followed half a mile to nearly a mile before the officers' car lights were even signalled. This despite the fact I was driving in light traffic in a predominantly residential area. More importanly,both times the officer on duty refused to show the readings to me. I had strongly requested to see it because I was genuinely surprised at the officers' conclusions. Even though I knew it was impossible for any law enforcement agent to preserve the readings till court date, I wanted to see these at the time of the citation for my own satisfaction.
This letter's aim is not to begrudge the particular judge nor even the officers. All other courts in Virginia would have unfortunately be compelled to rule the same way. One therefore has to ask " Does the word of a citizen account for nothing?" It is apparent the word of the prosecution is given much more credence than a citizen's word, even is there is no other evidence(physical and/or testimonial) to substantiate the prosecution's claim. On the summons it clearly reads "You are presumed innocent until proven guilty beyond a reasonable doubt." Yet in our judiciary on many occasions it seems that only the reverse is true. One must prove his/her innocence and even that may not be sufficient.
Each occasion the officer told me the police department is not required by statutory law to "lock their readings". The judge affirmed this, citing the court has no authority to establish law or police procedures. While that notion is true,does the judicial branch of government not have the responsibility to uphold previously enacted laws, such as rules borrowed from the English Common Law, Constitutional Law, and other statutory law that requires more than an individual's testimony alone to convict another individual of a violation of the law? If this is not the case, Virginians and Americans are living under Roman Civil Law.
Any citizen in these same circumstances cannot help but raise one question. Since the state treasury is bare and the amount of fines, court costs, and other processing fees have skyrocketed in the last decade, are any of personnel and agents of government's three branches encouraged to increase "these revenue enhancers?" Answers are appropriate because in trial, the accused no longer is given the benefit of the doubt.
Americans value equality, trade unions, and social programs but despise Communism.
Americans merit production, a strong defense, law and order, and the national heritage but loathe Fascism.
Americans favor assistance of counsel(not limited to nor excluding lawyers) but condemn Bar Associations' dictatorship.
Very Truly Yours,
Harsha Sankar
908 Valley Ridge Road
Covington, Virginia 24426
On two occasions I was cited for speeding in the Alleghany Highlands.On the first offence, regardless of the lack of any tangible evidence, I was given an option to take a driver improvement program class in order to spare myself of an conviction.
Without going into the details, on both occasions I was followed half a mile to nearly a mile before the officers' car lights were even signalled. This despite the fact I was driving in light traffic in a predominantly residential area. More importanly,both times the officer on duty refused to show the readings to me. I had strongly requested to see it because I was genuinely surprised at the officers' conclusions. Even though I knew it was impossible for any law enforcement agent to preserve the readings till court date, I wanted to see these at the time of the citation for my own satisfaction.
This letter's aim is not to begrudge the particular judge nor even the officers. All other courts in Virginia would have unfortunately be compelled to rule the same way. One therefore has to ask " Does the word of a citizen account for nothing?" It is apparent the word of the prosecution is given much more credence than a citizen's word, even is there is no other evidence(physical and/or testimonial) to substantiate the prosecution's claim. On the summons it clearly reads "You are presumed innocent until proven guilty beyond a reasonable doubt." Yet in our judiciary on many occasions it seems that only the reverse is true. One must prove his/her innocence and even that may not be sufficient.
Each occasion the officer told me the police department is not required by statutory law to "lock their readings". The judge affirmed this, citing the court has no authority to establish law or police procedures. While that notion is true,does the judicial branch of government not have the responsibility to uphold previously enacted laws, such as rules borrowed from the English Common Law, Constitutional Law, and other statutory law that requires more than an individual's testimony alone to convict another individual of a violation of the law? If this is not the case, Virginians and Americans are living under Roman Civil Law.
Any citizen in these same circumstances cannot help but raise one question. Since the state treasury is bare and the amount of fines, court costs, and other processing fees have skyrocketed in the last decade, are any of personnel and agents of government's three branches encouraged to increase "these revenue enhancers?" Answers are appropriate because in trial, the accused no longer is given the benefit of the doubt.
Americans value equality, trade unions, and social programs but despise Communism.
Americans merit production, a strong defense, law and order, and the national heritage but loathe Fascism.
Americans favor assistance of counsel(not limited to nor excluding lawyers) but condemn Bar Associations' dictatorship.
Very Truly Yours,
Harsha Sankar
908 Valley Ridge Road
Covington, Virginia 24426
posted by Harsha Sankar at 2:15 AM
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