Friday, September 20, 2019

"Red Flags" & "Due Process Of Law"


In recent times some politicians and others have proposed "Red Flag Laws" to stop "dangerously, mentally, ill" persons from misusing firearms to kill or maim others.

 If, and only if, such persons represent a "clear and present danger of inflicting death or great bodily harm" to others, they will have demonstrated that by such behavior (eg "Disorderly Conduct", "Criminal Damage To Property", "Child Neglect") which would allow their arrest and a court-ordered, in custody, mental examination---And the time required to provide proper notice and provision of legal counsel needed to give the fullness of "Due Process Of Law" as required by our constitutions and laws.

With regard to "Red Flag Laws" that "Due Process" requires the following.
1. Prior (With sufficient time to provide a rebuttal and obtain or have appointed legal counsel) written notice giving a detailed-and-exact description of the behavior(s) basic to the proposed taking away of weapons. [That must be on oath/affirmation allowing punishment for "false swearing" if any part of the sworn statement is false. I suggest that The Law command District Attorneys to prosecute any such crimes.]
2. That prior notice must give the statutory basis for the proposed seizure of weapons.
3. The right of the subject of that action to have legal counsel (Provided by the State if the subject does not have the ready money or the time to obtain an attorney) before and during any, judicial, hearings.
4. The right to compel the personal appearance of relevant witness, to have them testify on
oath/affirmation (ie Making them subject to mandatory prosecution for "Perjury" if statements are
false)---And, to receive those documents well in advance of any judicial hearing any relevant documents.
5. The right to a hearing before a democratically-elected judge (And not a "Magistrate" or other "Hearing Examiner" with all testimony to be recorded as done in all trials or best administrative hearings.
6. The right to a written decision from a judge giving: A summary of the testimony and law applying to any petition to take weapons away from a citizen and the presiding-judge's rational for her/his order (Which should include orders to District Attorneys for prosecution of those making false statements).
7. The right (With assistance of counsel) to an immediate appear to a superior court.

“They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” (Benjamin Franklin)

1 comment:

Unknown said...

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