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Jack.Kerr · 04-24-2008, 11:13 AM

This is going to be a naive question. But if there is anyone who is familiar with how the interface between law enforcement and the legal systems works, I'd appreciate the insight.

I imagine it's a routine occurrence, but I keep having an uneasy feeling about the fact that the judge who issues the astoundingly broad warrants, is also the judge overseeing the hearing determining the removal of the children. This seems like a real weakness to the system--allowing one judge's decisions to cut so deep and so wide without anyone else ever even having an opportunity to say, "Hey, but wait a second.....".

I obviously don't understand the nature of the hearing either. Who testified on behalf of the parents? Was any rebuttal (or cross examination) permitted? From media reports, it sounds as if CPS was allowed to make unsupported allegations, which the judge and the judge alone accepted, resulting in the removal of 450 children, without any opportunity for the parents to challenge them. How can it be that one judge alone can rule with such flimsy evidence, that doesn't even pass the smell-test or the straight-face test?

Doesn't this leave the system vulnerable to one person's prejudices, or one person's gullability, or one person' manipulability, or one person's corruption even? The judge in question is an elected official, facing election in the coming year, who is rooted in the community, and whose spouse is a prominent radiologist in the community. Does it have to be pointed out that the judge's career (and to a large extent her family's livelihood) is subject to the influence of how she is seen in the community? That she is subject to "co-operating" somewhat uncrticially with local law enforcement agencies, and to going along with local public opinion, without regard for an unpopular religious minority's right to due process?

I don't kid myself either that it wouldn't be that difficult for The System to get two lackeys to give a judicial rubber-stamp that would result in pretty much the same abuses, but seriously.......all of this with just one judge's approval?

04-24-2008, 11:13 AM	#87
Jack.Kerr Golden Member Join Date: Jul 2007 Posts: 1,715	This is going to be a naive question. But if there is anyone who is familiar with how the interface between law enforcement and the legal systems works, I'd appreciate the insight. I imagine it's a routine occurrence, but I keep having an uneasy feeling about the fact that the judge who issues the astoundingly broad warrants, is also the judge overseeing the hearing determining the removal of the children. This seems like a real weakness to the system--allowing one judge's decisions to cut so deep and so wide without anyone else ever even having an opportunity to say, "Hey, but wait a second.....". I obviously don't understand the nature of the hearing either. Who testified on behalf of the parents? Was any rebuttal (or cross examination) permitted? From media reports, it sounds as if CPS was allowed to make unsupported allegations, which the judge and the judge alone accepted, resulting in the removal of 450 children, without any opportunity for the parents to challenge them. How can it be that one judge alone can rule with such flimsy evidence, that doesn't even pass the smell-test or the straight-face test? Doesn't this leave the system vulnerable to one person's prejudices, or one person's gullability, or one person' manipulability, or one person's corruption even? The judge in question is an elected official, facing election in the coming year, who is rooted in the community, and whose spouse is a prominent radiologist in the community. Does it have to be pointed out that the judge's career (and to a large extent her family's livelihood) is subject to the influence of how she is seen in the community? That she is subject to "co-operating" somewhat uncrticially with local law enforcement agencies, and to going along with local public opinion, without regard for an unpopular religious minority's right to due process? I don't kid myself either that it wouldn't be that difficult for The System to get two lackeys to give a judicial rubber-stamp that would result in pretty much the same abuses, but seriously.......all of this with just one judge's approval?