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Look....This is an issue which needs to be addressed by a judge. If we had judges like we used to have you could petition a court and the same day you could have a ruling. What judge would have jurisdiction in this matter? Find who that person is and plead your case.One of the biggest problems in America today is we no longer the basic right of magistration. Heretofore under common law no policemen or other citizen [who has the same authority to arrest as any policeman or sheriff] can simply take a prisoner [the accused] to a sheriff and have him thrown into jail. Since Runnymead no one could be imprisioned until he first was taken before a magistrate and only the magistrate in his hearing, after listening to the evidence, could place someone in jail.Today however citizens are not allowed to arrest anybody. But what's worse is that any policeman, even a park or transit policeman, can throw anyone into jail and they'll stay there for days until a magistrate rules later, and the magistrate's hearing is usually in secret and only considers the policeman's claims.Because of the unfettered authority to jail anyone for any reason American police have become assholes who anytime they don't like someone either threaten to "lock you up" or actually do imprison them without any legal process at all.Even in the wild west city Marshalls like Bat Masterson couldn't just throw someone in jail like they show in the movies.The way it used to work is that any prisoner would have to be taken before a judge and only he could decide if the accused would be placed into jail. 90% of the time the accused would make bail right there to the judge and would never be locked up anywhere.In those days jail wasn't for ordinary people. Jail was only for serious criminals. Today the police lock up just any kind of person, and I don't know of anyone among my friends who hasn't been locked up overnight for one reason or another.
That's why there used to be night court, and it still exists in some places. It's necessary to have a judge there at all times, and if it wasn't practical then you'd have to go to the judge's house and wake him up and you'd get a ruling there on his porch.Judges used to make rulings all the time on their porch, in their bedchamber, or wherever they were. But the important thing is that ONLY THE JUDGE was the LAW, not some idiot bureaucrat of police "officer," like today.Personally I never call a city policeman an "officer" when speaking to them because they are not officers, but only lowley city or county employees. Only the county Sheriff or Marshall or Federal or state Marshalls have the authority of a Peace Officer.Under the city police system any incorporated town or school district can set up their own officers? No way.School Districts and towns and cities are not competent to make such constructions, and when they do they formally have no more legal power than any ordinary citizen, however the states have unconstitutionally given them undue powers to carry and use weapons, etc. which now all citizens take for granted.
In the early 1960s my uncle was the 26 year old Justice of the Peace in Waco, Texas [a city with a very colorful law enforcement heritage].He used to get woken up all the time and had to go out and make rulings or certifications on all kinds of things.That's why nobody else wanted that job and it was given to someone like him right out of law school, but he always acted fairly and it was his opportunity to show the community how fair and intelligent he was, and then he was elected to become a state judge there because he GAINED THE RESPECT OF THE COMMUNITY!!!!!!That's what Justices of the Peace used to do - a vital function.Today no one can even tell you what a Justice of the Peace does LOL.
The way the law is supposed to work is that if someone witnesses a crime they are supposed to get other citizens together, take the accused into their personal custody, and force the accused to go before a magistrate immediately. Then the magistrate hears the evidence and decides whether to hold the accused in jail pending trial, or if he can be released on bond or bail.Under that system there were no municipal police, which under our present system have become a criminal element themselves in most communities.We need to turn back the clock.
We need to go back to a system where only judges have the authority to jail anyone, and when a matter arises like the dispute in the Inn a judge can hear both sides immediately and make a decision.All this was put in place in English law to check the powers of the state and to KEEP THE PEACE.The purpose of law is supposed to be to keep the peace so people don't have to use self help and violence when serious disputes arise.
The way things used to work was so simple. If you witness a crime you just tell the accused to go with you right now to see a judge. If he refuses you can force him or go to the judge yourself and he can dispatch a marshall or sheriff. That worked perfectly until cities like New York started creating police departments, which was done out of corruption to control crime by the city political machines. Police were not created to keep the peace. They were create to control crime by the city bosses. Today police mostly create revenue by enforcing traffick laws and other unnecessary things.