Posted on 10/15/2002 5:12:15 AM PDT by madfly
It is. Just get out of the buffet line.
TANSTAAFL
In isolation it seems excessive to focus all kinds of money on one guy over a traffic ticket... But the alternative is anarchy if all were allowed to subvert the system by proclaiming the government, its laws, its licenses and its courts "unconstitutional because I said so and I don't have to obey it".
Picture a release of this guy because these charges alone aren't worth it. And then picture the scenario next time, when this guy, boosted by his victory, becomes this guy..., and a young cop is killed because this guy believes he didn't have the "right" to make a traffic stop.
A new plank for the Libertarian Party platform!!!
But aren't we talking about misdemeanor crimes here?
What are the typical punishments for these types of crimes (failure to dim and failure to produce license)?
Is the judge holding the man in contempt of court or something else? (Rhetorically asking this, as you have indicated that we don't know the Other circumstances of his arrest or what transpired in the subsequent proceedings.)
You say the judge is being smart here - maybe so, that is what I am trying to ascertain. I don't particularly care for the idea of the state whipping out the mental incompetency tactic to incarcerate people they don't like.
Isn't the judge being a little overly cautious with the competency issue with respect to appeals? It's not like it's a capital offense to fail to dim your lights or even give a cop attitude about showing your license. Seems like a waste of time and money to enter the fray of mental competency for traffic offenses.
Again, I think you are right about us not knowing the full circumstances of this guy's arrest and courtroom antics. If the judge is making an example of this guy I think the judge is taking the wrong course of action, and he should adjudicate the manner fairly, legally, and at minimal cost to the taxpayers in the area. Maybe I am missing something, but I think this guy p'd off the judge, and the case is becoming a "federal" issue when it sounds like it should be more simple to resolve.
That explains the 28 million.
"If you believe that, you will believe anything."
Alternatives to "anarchy" exist in cases like this. The judge could have ruled on the jurisdiction issue (some have said it must be written, others said the judge can simply rule...) and then proceeded with the trial, verdict, and sentencing. If the defendant has a case with respect to jurisdiction or with respect to challenging the authority of the court, then he should be able to make his case, whether you call it anarchy or whatever. If the courts are acting outside the law, people like this defendant are doing us a service (notice I said IF here).
I see from another posting that the man is charged with one felony and two misdemeanors. So, the felony charge does make the case more serious. I did not suggest that the judge simply release this individual. His guilt for the crimes charged against him should be determined and the judge should hand out a sentence. I think the defendant has raised the ire of the judge, and now the judge is (ab)using his power to make an example of the defendant. Judges are not supposed to make examples, they are supposed to adjudicate the law and foment justice - hence it's called the "Justice System" not the "Example System." However, given the felony charge, perhaps the judge is acting appropriately to protect the defendant against his own misjudgement as suggested by IronEagle in a previous post. I remain skeptical.
Can you cite a couple of cases? 
Screw 'em, they don't deserve the time and trouble of answers or respect.
I'm not sure if they started it, but the US Supreme Court has sure been clear that states can restrict the privilege of motoring on the public roads to people with valid licenses. For example, Hendrick v. Maryland (1915) 235 US 610; Bell v. Burson (1971) 402 US 535; Kesler v. Utah Department of Public Safety (1962) 369 US 153; Ex Parte Poresky (1933) 290 US 30; etc. The smart money bets that they know the Constitution better than you.
This judge needs to be thrown out.... this judge could easily find himself assuming room temperature.
That's the kind of highbrow analysis that demonstrates your keen insight into legal questions.
I will add a few things: Arresting someone for non-appearance in court, even though he's in the courtroom but refuses to answer or come forward when called, is a pretty good method for reducing the risk of repetition of this form of obstructionism. If Karczewski wants to challenge jurisdiction he can jolly well appeal his case to a higher court - in the meantime his childish behavior is putting him in the corner. You'll notice that he doesn't come out and say which court ought to have jurisdiction if not this one. The fact that he was found driving on Oregon roads without a valid operator's license (from any state) is a violation of Oregon state law and is enough to give the Oregon courts jurisdiction.
I have absolutely no clue as to how the Miranda case got mentioned in this. Miranda only applies in instances of arrest - not mere interviews. In this case, the state law (and the laws in every state) require not only that a motorist have a valid license but, when driving on the public streets, he have it with him and show it on request from a law enforcement officer; this has been repeatedly upheld. The instant this guy failed to present his license to the traffic cop he could have been taken into custody - without having said a word. Instead he got a ticket and failed to come forward when called.
As for the so-called hunger strike -- judging from the photos, he can easily afford to lose that spare tire, but four weeks of fasting seems a bit improbable. I am not surprised that someone who stages a fast - presumably lasting four weeks - over a traffic ticket should get a thorough psych exam. But I am a bit foggy on when Hitler had people with opposing views "incarcerated under mental health"; I had heard he had different methods.
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