Stock Market

!-- TradingView Widget BEGIN -->

Friday, July 17, 2015

Pro Se, “For one's own behalf; in person. Appearing for oneself


Pro Se, “For one's own behalf; in person. As in the case of one who does not retain a lawyer and appears for himself or herself in court”.

TBR Leighton Bradford Editor-in-Chief
Allowing attorneys to advertise on television undermines jurisprudence. As a result, justice goes towards the highest bidder? If the plaintiff does not have the means, the cold weal of market forces, should not dictate who receives justice. In college, a professor once asked me what is just? My retort, apparently not the merits of my studies within this class?  Within the current judicial process-fairness must come into play. The bottom-line or a profit margin must not influence due process. Our court system seems to reward association and alumni legal status. You rarely see a barrister accepting pro bono work? Honestly! Do you think an attorney is going to give weight to someone who is financially challenged?  It's obvious that the integrity of this profession is diminishing. The routine of the lesser courts judicial system trumps substantive or procedural due process. “So and so, for the people”!
Substantive Due Process:

The substantive limitations placed on the content or subject matter of state and federal laws by the Due Process Clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution.

In general, substantive due process prohibits the government from infringing on fundamental constitutional liberties. By contrast, procedural due process refers to the procedural limitations placed on the manner in which a law is administered, applied, or enforced. Thus, procedural due process prohibits the government from arbitrarily depriving individuals of legally protected interests without first giving them notice and the opportunity to be heard.

The Due Process Clause provides that no person shall be "deprived of life, liberty, or property without due process of law." When courts face questions concerning procedural due process, the controlling word in this clause is process. Courts must determine how much process is due in a particular hearing to satisfy the fairness requirements of the Constitution. When courts face questions concerning substantive due process, the controlling issue is liberty. Courts must determine the nature and the scope of the liberty protected by the Constitution before affording litigants a particular freedom. (http://legal-dictionary.thefreedictionary.com/Substantive+Due+Process)

Procedural Due Process:

noun due process of law, legal fairness, legal safeguards, protection against deprivations, protection guarantees, protection of deprivation of accepted legal principles Generally: fundamental fairness Specifically: Fifth Amendment, Fourteenth Amendment
Associated concepts: 
procedural due process, right to confront accuser.(legal dictionary)


To that claim, Judge Hillman wrote: "To require the town to provide any greater level of procedural due process at the pre-discipline stage would unnecessarily intrude on the town's interest in temporarily removing an unsatisfactory employee and in efficiently administering its personnel system”.


The aforementioned text offers insight into the basic concept or meaning of due process. The blind fold has been lifted off of the face of justice within Desoto and Shelby County courts, and legal venues throughout our nation. The good ole boy system includes people of color as well.  A receding culture holds on to the last vestige of a social stance, in lieu of social change. The Thwarting of Black males is the presumed understanding. Meaning; male individuals of African descent have an unsaid prison social contract.  The privatizing of prisons requires Black souls! The various state legal bars lack the oversight as it relates to its wayward offspring. Routine or manufactured precedent prevails. A first responder remarks “When the judge etc...” becomes an obvious flag of a manufactured precedent. This person or entity knows the outcome?  The incident has an identified result. The almighty dollar seems to dictate jurisprudence. Lawyers will seek fortune and will not embrace the constitution or serve the needs of the ongoing public with due diligence. Money or paper should not dictate whether or not justice is served!  The body politic is not best served with the hold host of barristers! The modern-day paper chase is an embarrassment towards the profession. Individuals of African descent continue to be wronged within our justice system, while our white house leadership concentrates on foreign or alternative lifestyles? The white house seems to scoff at the fundamental needs of individuals of African descent; moreover, the forgoing public opinion. The working man needs to rebuke a system that cultivates an exclusive lawyer stance.  The poor continue to suffer from the lack of due process. The recent Supreme Court decisions do not integrate the constitutionality of a given subject but offer biased political remedy. County, State, and Municipal provinces make their own rules, and scoff at constitutional attributes.  If an individual wants to embrace a pro se stance, what say the body politic? Is it a guaranteed loss? Do lawyers feel insecure about an individual representing themselves? It’s all about the paper “G”! The legal profession is diminished when justice is associated with the bottom-line. The salaries of public defenders should be increased. The constitution becomes a mere parchment adopted by old white dudes unless it’s given defined meaning. The United States will become a tier below a third world country if finances influence the outcome of court decisions.

No comments:

Post a Comment