It is supposed to be a fundamental principle of criminal law that a person is presumed innocent until proven otherwise by the State (government). This is the ideology or the rhetoric (which much of the left have swallowed). The reality is otherwise. In reality, the administrative apparatus of various organizations of the government and semi-governmental … Continue reading Guilty Until Proven Innocent: The Real Assumption of Some Bureaucratic Tribunals, Part Four
Tag: Arrest
The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Four: To Resist or Not to Resist the Police
Are You Arrested? The Ambiguity of Being Detained by the Police When a police officer stops a citizen, an immigrant or a migrant worker, it may be understandably unclear whether s/he is arrested or not and what s/he can do or not do if stopped by the police. From McBarnet, page 36: Arrest-that is, the … Continue reading The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Four: To Resist or Not to Resist the Police
Guilty Until Proven Innocent: The Real Assumption of Some Bureaucratic Tribunals, Part Two
This is a continuation of a previous post. It is supposed to be a fundamental principle of criminal law that a person is presumed innocent until proven otherwise by the State (government). This is the ideology or the rhetoric (which much of the left have swallowed). The reality is otherwise. In reality, the administrative apparatus … Continue reading Guilty Until Proven Innocent: The Real Assumption of Some Bureaucratic Tribunals, Part Two
Guilty Until Proven Innocent: The Real Assumption of Some Bureaucratic Tribunals, Part One
It is supposed to be a fundamental principle of criminal law that a person is presumed innocent until proven otherwise by the State (government). This is the ideology or the rhetoric (which much of the left have swallowed). The reality is otherwise. In reality, the administrative apparatus of various organizations of the government and semi-governmental … Continue reading Guilty Until Proven Innocent: The Real Assumption of Some Bureaucratic Tribunals, Part One
The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Three: Arbitrary Arrest and Police as Privileged Citizens
Introduction This is a continuation of a series that exposes the reality of courts as part of the exposure of the reality of the rule of law. The series involves quotes from the book by Doreen McBarnet (1983) Conviction: Law, the State and the Construction of Justice as well as short commentaries related to the … Continue reading The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Three: Arbitrary Arrest and Police as Privileged Citizens
The Abolitionary 