Interesting Tay Sachs Facts

EQUALITY OF ARMS

EQUALITY OF ARMS

Equality of arms is a principle that ensures a balance between defense and prosecution in criminal trials, so that the accused has reasonable opportunity to present his case, there including per-proven in court under conditions which do not place a substantial disadvantage compared to his opponent, the Public Prosecutor. Obviously, this rule of conduct paralegal is a broader aspect of the concept of a fair trial before an independent and impartial. But how to measure if the arms are equal between a defendant who knows the truth but do not have the police and public prosecution that has public power, but must seek and demonstrate what is the truth? How indeed accept this principle when the Prosecution is almost a second judge in the trial?

configuration even in our courtrooms placed over the accused. And more surprising still is the right granted to him to directly question the defendant or witnesses without going through the head judge for this possibility is not given to defense counsel. However, the prosecution has the freedom to tilt in favor of the trial because the testimony of the accused and witnesses are the determining factors on which the judge will be based headquarters to train and base its conclusion on the case before it ... where the facts of the hearing. So it is like a blank check authorizing the Legal Department to perform all sorts of intimidation and psychological pressure on the accused, already in a weak position. It may even outside the rules of professional conduct and ethics require him to plead guilty, take it to accuse other people or to extract a confession with promises of excuses or extenuating circumstances, oftentimes, unfulfilled. When we know that some representatives of the Public Ministry are unconcerned about the morality of means used to achieve their goal. No! In practice, the principle of equality of arms does not exist and never existed in criminal law in Haiti.

How to understand your opponent has the authority to arrest you, send you to jail and then keep for a while and then you continue to court? Even when, previously, it is appealed before the Dean in accordance with Articles 26, 26-1 and 26-2 of the Constitution, to address the illegal and arbitrary arrest or detention, or it does not attend the hearing and reversed the court which can take place properly, or it comes to hearing and ignored the decision "On behalf of the Republic "by the court in favor of the accused. Already, he does not even understand that the prosecution is his opponent ... so, like him, a party to the suit, he takes it to a judge. Now, what are we talking about? Equal opportunity, perhaps? Unfortunately, neither the National Association of Magistrates and Bars of the Republic nor civil society and public opinion have never denounced the ugliness of our legal system or even to question them.

Theoretically, trial, and particularly the criminal trial is not a fight where each party has one goal: to win. The mission of the Public Ministry is not to win or obtain the conviction of the accused or defendant, but to arrive at the truth and to deduce the consequences, whether positive or negative victims or defendants. A trial exists to contribute to justice and peace among men, not the victory and defeat each other. In this sense ... the fighting talk, the perfidious behavior, anti social and evil are not suitable for men of their laws ... are public prosecutors or lawyers.


Heidi FORTUNE
Magistrate, Magistrate
Cap-Haitien, Haiti, July 18, 2010
this

Read more ...

Game Called Frustration

FAILURE OF REFORM LAW

FAILURE OF REFORM

Before it starts, judicial reform is already in the wall. It does not really take into account what must be, preferring rather superficial and cosmetic improvements. It goes in line with the conservatism of Haiti whose motto is "mostly no change in depth." It is once again the inadequacy of the spirit land close to our leaders to modernity that has highlighted. The same methods, the same habits, the same collusion are there. Haitian law is just as archaic as feudal. Yet, a profound change was needed there and real and undeniable.

To reform, we must identify the objective and the means to get there. But to identify the target, it is still necessary to ask the right questions. That is two and half years that the reform process is initiated at the Haitian justice and no major changes, no apparent impact has been felt by this passage. Today we witnessing the bitter failure of a reform which, until now, does not materialize on the ground. The ills of our judicial system are so numerous that even electromagnetic ray is not sufficient to remedy the situation.

reform, not only to provide the heads of courts and vehicle operating costs, we must also think of police officers and magistrates who mainly represent the driving force and core of the criminal justice system. It should be understood that the Dean and the Commissioner of the Government are in no way involved in the investigation actual criminal. The reform is not to grant some judges close to the power of small benefits, it's not just the salary adjustment is to have a justice system that responds quickly and effectively to the wishes of individuals . Reform requires a redefinition of the role of hardwood, a better means of justice, the professionalization and specialization of magistrates, risk premiums, benefits for judges and strengthening the continuity of public service justice.

With the creation of the School of Magistrates, we should review the current method of appointment Magistrates and dedicate their tenure effective in every sense of the word. Judicial reform should take into account the revision of our code of laws, simplifying the procedure for divorce by mutual consent by removing the mandatory hearing before the judge when there is no dependent child. The reform should promote collegiality of Judges in particular cases and think the decriminalization (except in cases of insolvency or recurrence) of certain offenses such as: litigation of intellectual property and defamation. The reform should also remove the presence of the Ministry Public civil trial and simplify procedures by developing alternative settlements. Conciliation and mediation should also be strengthened. A participatory process of negotiation assisted by a lawyer would be created and given by the lawyer to his client. If unsuccessful, the case would be forwarded to a court. Finally, the reform should advocate in the criminal trial of simplified procedures to plead guilty (appearance on Plea without any indictment) and propose strengthening the competence of judges. The Executive

shows no willingness to improve justice or to improve its effectiveness and visibility. He had to think about building real courthouse where citizens find the conciliation, mediation, civil and criminal legal advice for free, one-stop registry and a computer network connected to Internet for Magistrates. Floundering and flapping in the water does not mean we are trying to swim. In other words, there is a difference between activate and accomplish something worthwhile. It is obvious that people belonging to the Commission for the Reform of Law and Justice (CRDJ) have no new vision ... just like the government that appointed them elsewhere. And as proof, the so-called reform has finally given birth to a mouse. Believe us, it will be questioned shortly to deadlock. And to avoid that ... discussions are open. Otherwise, it will therefore be with for a long time ... for better and mostly for worse.


Heidi FORTUNE
Magistrate, Magistrate
Cap-Haitien, Haiti, May 15, 2010 This

Read more ...

What Do Puppy Genetialia Look Like

INDECENT

AN INDECENT ACT

Meeting separately extraordinary hearing, a majority of members Senators and reactionary, mediocre, without conviction and without morals passed a wicked law, indecent, anti-democratic and dangerous catastrophic whose sole purpose is to enable the Head of State to act outside the Constitution as well it seems without being accountable for its management. The President wanted his act and he has obtained through servile mandarins and chameleons, mostly in petticoats who have supported the adoption of the text. To justify their behavior sold, they state that this law called "emergency legislation" was vital for the country. Hallelujah! Crazy who believes it! Gangrene that kills our democracy is driven by the very people who represent it.

The dangers to which the Act exposes us are so numerous that the alarm must be taken now before it's too late if not already. We do not like the Haitian people after having lived what he lived. It is choking or even sacrifice their freedoms for the benefit of private interests. Finally, what country do we want to rebuild? Is this a modern country that allows citizens to operate in an environment with equal dignity and face the problems of everyday life, or rather a country / filter to sit elitism a bad omen when it is permissible to choose boyfriends villains at the expense of the majority removed from its smallest citizens' aspirations? These are questions that every Haitian should legitimately ask. Unfortunately, the sterility of our intellectual elites is clear and looks like a voluntarism resignation of a task that falls naturally. This elite without clearly defined project does not propose a path of hope for young people. And how surprising it is difficult to hear and organize ?

If the country does not want this law, it must convey a clear and strong. For some, the Emergency Law is none other than the preliminary phase of a project in the making. For others, it is the fruit of an apprentice dictator who hopes to retain power beyond its constitutional mandate while playing with a system he knows well and he wants to change the rules that it will be too favorable long term. Anyway, the reasons which prompted the Executive to take this law are not clearly displayed, which is disturbing to think. Is it to improve the living conditions of population languished promises-crap? Is it to end the social misery and desolation caused by the earthquake of January 12, 2010? How not to fantasize over when you do not know the true intentions of the Supreme Head of the Judiciary? This is not the certainty that crazy but doubt. And among the reasons that exist to oppose the Emergency Law, the largest is the vagueness that surrounds it.

After the disaster, the imperative is to change attitudes and methods of governance gold so far, the same old story repeats itself: corruption, impunity and little arrangements between friends, formal balance of power ... that is why nothing should be expected from this legislation. Four months later, the population is in the street, and the hurricane season that approach does nothing to fix the situation. Meanwhile, the President of the Republic multiplies its efforts unconstitutional. Fairly surprising and inconsistent, the amendment of Article 232 of the current electoral law so proposed is likely to create distortions hardly qualify. The Supreme Court should have its say ...


Heidi FORTUNE
Magistrate, Magistrate
Cap-Haitien, Haiti, May 9, 2010

Read more ...