by Barry Smith

Created on: June 25, 2010

The doctrine of fundamental fairness has never been applied to the doctrine of equal justice under the law. Our courts may afford a standard of fairness to the socioeconomic peers and superiors of our judges. Nevertheless, for the person who lives close to the poverty line, neither our courts nor our judges are fair. We have only to examine how our courts and judges react to a person who elects to exercise their Sixth Amendment right to represent self to see how viciously unfair our courts and judges act towards that person.

Our courts and judges then behave like street gangs that support and defend their members whether they are right or wrong. To these judges and courts, the constitution and law do not matter, all that matters is that they continue to oppress those of us who they consider beneath them.

To illustrate the glaring doctrine of fundamental Unfairness practiced by our courts and judges, let me show a case in point:  In 2001 in the state of Wisconsin, a state statute provided that a person could receive up to forty thousand dollars if that person claimed to be a victim of battery and assisted the state in obtaining a felony conviction against the guilty party.

A 75 year old man who has lived his entire life in poverty grabs a twelve year old child who he has known all of his life and begins to beat him in the head with a heavy batch of keys in the hope that the child will fight him back and cause him some visible and diagnosable harm. The child breaks free and runs from the poor old man who is so desperate for some of that up to forty thousand dollars.

Nevertheless, the old man knows that the child is already in trouble with the law so he calls the police and puts in his claim. Police invade the child's home at about midnight and take the child to the police station and proceed to interrogate him until daylight. The child is charged with felony battery. At trial, the money hungry old man testifies that he was never examined by a paramedic, nurse or doctor in connection with this alleged felony battery and claims that his injury was an eye infection.

The court and judge convicted this child of felony battery and sentenced him to Thirteenth Amendment slavery for one year. When the child had finished serving the Thirteenth Amendment sentence which made of him a Constitutional slave, our fundamentally Unfair courts and judges refused to restore him to his Constitutional freedom.

Consequently, this child who did not receive a fair trial; this child who has completely served his unfair sentence; this child is forced into a lifetime of Constitutional slavery labeled a criminal who is only entitled to those constitutional rights that the government chooses to grant him. Is this fair?

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