tag:blogger.com,1999:blog-8298837746880587541.post5741263102670661939..comments2024-01-06T05:01:09.131-06:00Comments on The Defense Rests: The price of due processPaul B. Kennedyhttp://www.blogger.com/profile/15827522954049831696noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-8298837746880587541.post-31000937745479894832012-01-17T09:51:48.150-06:002012-01-17T09:51:48.150-06:00I would say there is an even more abusive tactic o...I would say there is an even more abusive tactic of these small venue courts: mandatory appearance at docket call. For people insisting that the State prove its case to a judge or jury (the gall!), the judges or justices will often hold a "trial docket" every month or so, and will require all of the defendants who have asserted their rights to appear in person: "If you fail to appear, a warrant will be issued for your arrest." This essentially works as a penalty for exercising your constitutional rights. For someone who lives hours away, it is much simpler to pay the fine than fight it.<br /><br />The local constabulary of tiny county in the panhandle recently accused me of exceeding the speed limit within their jurisdiction. When I told the Justice of the Peace that I wished to plead Not Guilty, she was taken aback. She asked me, "Are you pleading not guilty because you're really innocent?" (Sigh.)Kirkhttps://www.blogger.com/profile/01476843985466115492noreply@blogger.com