Habeas Corpus, Federalism, and Human Societies (incomplete)

I. Habeas Corpus, and other procedural matters
Habeas corpus exists for the sake of the wrongly accused. The idea behind the writ: the defendant, once imprisoned, can challenge the imprisonment. And from this, the backbone of criminal law, other procedures take shape. The prisoner can get a trial, (s)he can get a lawyer, (s)he can abstain, (s)he can post bail, etc.

How this plays out, and what gets people so disgusted with this situation is that Charles Manson gets to appeal his imprisonment every several years. How this plays out is that, on paper, it is a very structured system. For example, evidence needs to be introduced into trial in a certain way. That's one thing judges do: they make sure procedure is followed, and see what evidence is permissible, depending on procedure. For example, evidence that could convict a robber could be denied access in court because it failed to fit certain guidelines. The problem with law, however, is that any amount of text can fail to anticipate all of the possibilities that reality can become. Remember that those lawyers who came forward with proof that their late client had committed a murder that another man was convicted for? The convicted man lost almost three decades in prison. And why did those lawyer stay back for so long? Apparently, if they came forward while their client was alive, they would have violated attorney-client privilege. Their information would have been inadmissible in a court room, and therefore, the innocent man would still be in jail, all other things being equal. Procedures like these can the sinew of habeas corpus.

Make sure that only the guilty are convicted. Alan Dershowitz, the other side of the coin on which Antonin Scalia lives, supports the idea that many human legal system, including that of the USA, give the benefit of the doubt to the accused person. Better to free the guilty than punish the innocent. The opposite of this chaotic mess of law is just chaos.

For example, just as easily, physically speaking, as those lawyers could have came out with the truth before their client died, another person, Person A, could say he saw the convicted man commit the killing, and Person A lying. Without procedures to make sure the legal system is fair, the alternative is pretty crappy. Instead of just getting murder, murderers can get away with accusing other people of murder.

And the accused gets arrested, and he stays in jail. Without a trial, or at least a fair trail. Because habeas corpus is dead.


II. Federalism
Let's pretend you disbelieve that corporations and the rich run everything. So, looking at the general structure of our government, we find that it is built so that the power of government is divided amongst the rulers. The Supreme Court is appointed by the President with the decision of Congress; the President's vetoes can be overridden by a semi-unified Congress, and his Orders can be nullified by the Court; Congress can be vetoed by the President, and its laws can be nullified by the Court. And the People choose Congress and the President, and therefore indirectly choose the Court. Power is divided so that no one is King.

This nation, the United States of America, was founded on the truth that men feast on one another, and that in order to create a stable society, power needs to be reasonably divided. Not the truth "that all men are created equal," at least in the idealistic sense. The equality thing is what the PR department during the Revolution said, but what the nation is really founded on is that these men, the Founding Fathers, realized that people take advantage of one another. Geniuses, they were. The first people in millennia thrifty enough to both get power, and also realize that power can be abused and that they could be the abusers. After the war ended, they didn't trust one another. They made the first central gov't, the Confederation, and it was weak. They only replaced it with the current structure of government because the confederation was too weak to succeed. But they knew that anyone with too much power could abuse it. It was like a reality show.

And a lot of people still believed that the constitution was imperfectly formed. New York State accepted the document by 3 votes. 3 votes!

And George Washington. Let's just clap the man. A landmark moment, when he chose to abstain from a third term. Perhaps the first time in History that a powerful ruler stepped down from power without having to die, or get pulled out.

Robert Mugabe is 100 years old, and he can't not be President.


III. Human Societies
Stable human societies rely on compromise.