Petition for Aversion of Judicial Dysfunction of Court Magistrate and Appropriate Remedial Redress

BACKGROUND

When a way is made out, to guide a people into a domain, but it fails to deliver them, that people must then examine the fault of the artifact and that of the author; in order for that people to manifest their destiny, id est., in such a situation, that the artifact satisfies its creation but the failure disappoints the agreement between creator and purpose, then that peoples’ ambition composed its content must be realigned.

Composite, the individuals of the political institution, organized law enforcement, and conceded, they are not the cream of people, subliminal, nor fat, the affairs engaged, invariable, but the oaths pledged and the need they oblige are of elite gauge and so the pick of stock, that in which society must count. Withal, historical examples are repleted ad infinitum of malfeasance, outside of part, beside and inside of appointment—but more damnable—adversarial, against the integrity of judicial privilege that is bestowed upon them, pockmarked by mortality are these humans, although crested holy and high. The force wielded, at the whim of the judicial officer, only mitigated through superior, inferior and supreme administration, still obstinate, and likewise the machinate bar panels, analogously, sanctified, nonetheless, but the judiciary are of man, it is not of deities. However, whenever the agency of an officer betrays the confidence of his account, duty remised, whatever capacity that it may so as much happen, it should be considered selfsame of a transgression, mutual to any infraction against the godhead, and as sin be negated in no way, not even by the circumstances nor the individuals whom compelled the actions. Howbeit, the functionality of this American union, fabricated as it is—to insure peace, guard the favor of liberty, and advance the prosperity of its citizens to strain, per its constitutional preamble—but the agents thereof, entrusted officers persist degradation of the integrity of that collective bargain accorded them of union; aided by a naïve public, they bear false witness, tamper with evidence, impose guilt on the innocent, and commit other atrocities; capacious violations of duty or those otherwise, repeatedly, an affront to the establishment of the government, bodied of the states and the people; they deed such acts, willfully; although, more sinister of those officials than field operative police officers, and about them, nth treacherous, but consummately inconspicuous to public absorption, none other than the magistrates of the courts.

Considerably, the societal means of political authority, it must be more held in grasps, accountable, to blemished humanistic features or else is insufficient quality—a toy fondled and culled to waste, incineration awaited that which does not lend itself to life and not expected to endure generations of the common house fly; the kind of reality, incompetent and dysfunctional. A concept fallaciously derived, that there is a benefit to the opposition of doubt about effectual authority, to favour the doubt about affectual authority, but one exists iniquitously, only, and fidelity is precious and frail.

Substantially, a descry, communication is a unitary mainstay of constituencies, among the social order, and the default of one unit can preclude the failure of the whole society, because distrust is a dialogue disrupted. The former approach is defective, id est. effectual authority, and the influence of a supreme or superior court on the case of an inferior, any potential jurisdictional relative begrudged cases, that can favour a petitioner, a circumstantial engagement, intently, corrective, and of some measured parameter, the inclinations of the dominant court are preferential, but encompassed that frame, the discretion of the judge presided over the particular case origin is sustained and the situation is induced, but the outcome does not need to be justice, purely; consideration is granted to the financial, emotional, and temporal demand, inter alia, and the elusiveness of the original bad judgements. A recourse degraded, the latter is a consequence of judicial comradeship, relative presided authority, submitted to a bar panel that is a society of their own—a cult of protection—they would rather not chastise opposed intrusions; should it ever be done, theatrical, a timely and minimal fee, and a reprimand is the greatest outcome. Obviously, such is not much of a deterrent to bad behavior, on the seat of the neck of court, to deliberate the case, formal reproofs are rarely issued, and of the very limited few, the majority are only made inconspicuously private.

Concomitantly, the risk of breached public trust is so great that optimal transparency is vitally requisite, to retain responsiveness of public self and ward the exploitation of the disadvantages that the opportunists revel in, through the authority secured by the body of that same public. And it would be contradictory, some conduct of any less, yet, rightfully so, many aspects of public station are formally publicized, in some way, not invitationally obvious, however. Furthermore, and of that array publicizations, they are not accessible, fluently, and buried beneath complex codes and other equations. By the administration of law, there is an excessive degree of secrecy, whether of crime or of equity, inter alia, technically, although policies about clarity in legal management, as they are initiated, reflect the influence of citizens and it is understood considerably, that administrators and other persons must have anonymity. But that cloak cannot be invincible and the anonymity must come only to appropriately degreed junctures, respectively, before the profile of those administrators must be exposed.

Virtuously, there is a persistent need that is concurrent with the discussed crises and it must sustain, plightful, the standard, that public officials ought to appreciate the obligation, in their deliberate acceptance of contract, amply, the pay disposed of monetary benefit and any other compensatory respects announced to them. Something else, it is a disconnect between those that serve and those whom are served, as the reflection of applicable folks upon whom such forceful impositions are exacted, by the administrative will of the legal authority, it is not an extraordinary reveal, nor any kind of surprise, that these people do not realize the same luxuries, especially of status, anyway. The lucrative societal element of community dependency, pressed of political legalized authority, unrestraint, concretely, it is flawed, a tax of dramatic expense to the people—unwealthy and detrimental to the individual—without preventative mechanical tunes placed and persuasive against transgressive action, coupled with abled redressive sanctions about such, there is not much of a notion left, to regard, which concerns a continued failure. An unfortunate blow shouldered, to be so stricken of naivety and to not posit this, without due experimentation, at least, that the rear of a fantastic judicial machine is covered, in the way that current procedural allowances appeal of official conduct and remedial effort but befallen short to bridge the chasm of man and right, separated by the sole cold decisive forces that are vested in the titanous judiciary, affectively.

Possibly, most adversely impactful of the elements against public good, to formally beg to differ the decisions of magistrates and repine about ill comportment, the two processes are aroused by two sways of judicial consignment: Discretion and Immunity.

A reality that thrusts people to the mercy of mere humans that have been assigned to the role of godly beings—an act never to be mastered, uncharted stretches of grace that are bound but are never to be conquered—and duplicitous is each encounter which elude comparable adjudication, not encircled of prime circumstance about any matter judged, but preferential in the verdict, on part of the disposed end of the judge, no aegis yielded to the afflicted—not unless an error is proven and is expensive in sound of presentation is there any hope to rein—So, however, null it may be, judicial discretion is an abandonment of logic. The risk to defendants is dangerous and to the respondents et al., their lives breakable, in all dimensions and it is high, inter alia. recklessness is a charge dispensed fallible among them who are the officials, and not to be absorbed lightly. Lives are decimated, families are fractured to pieces, succumbed to financial bankruptcy, children are displaced, innocent souls are abandoned to whither and many times they meet death, confined and locked away; only then, subsequent torture ends, if not only precious lifetimes that are casted away, inter alia, the great principles that are ledged, the animation and opulence, that of this land, most of all, jettisoned, to an abysmal demise. Experienced, these ends, they are not organic activations of receptive nerves, as they are numb, impotent and impaired, forces dimmed, timely, and damned, obliviously.

To rule a domain, contentiousness disadvantaged, it is an affectual condition of station, the current represented immunity, but this conduct of injustice is not the culprit, entirely; discretion too is pivotal. An unfortunate contradiction, the enterprise of judicial order, and so criminality is the indulgence, uninhibited mere temptation presented or meager impulsive personal pleasures that keep the potential to prostitute justice, eyed over by them, thus a powerful will. Id est. privileged immunity is not absolved of virulent germination and is spewed about the land whether of the sound mind or of incompetence or of prejudice or of ignorance et cetera, and not in contempt, be they municipal, superior, supreme or whatever, they are the judges of the courts.

For the sake of rhetoric, in mathematics, one plus one, it will always be two. However, irrelevant is the addressed manner of count, but peculiar are numbers and they are impeccable, in anyway. Unlike numbers, words are subjective whims of slight emotion or intellectual failure, no different, that account of judicial officers, and quitted to wade waters of rivers that are escalated contrary, directionally, all persons republican, remoted, and the protection assured citizenship should matter not, nor class nor status.

The concepts of implicative trust, explanative discretion and immunity, these are the three magisterial attributes that are of disservice, a part of the package provided to an operator of law, mechanically, but are societal wealth detriments, enablers of evil; if not dealt with beforehand, they are continued wild cards that favour only the dealer, and not fended off is the cyclical violence that is perpetrated through an otherwise honorable social function, and there is a treacherous history.

Currently, the effectual application of law is perverted and therefore a customizable nuanced convention is necessary, as though lives depend on such changes. An ill, the notion that a sickness be unavoidable and that mercy be subjugated to the dishonorable that have bothered to plague, id est., the magistrate of the courts. The systemized induction of equilibrial mechanics that equivalence concluded cases about mutual codes violated and whatever else that are tardy, to comparable weight, housed degrees relevant of human determinative delinquency, an example is this. Dually, the inquiry about the effectiveness and necessitation of those legalities towards transgressive violations, regardless, optimal penalties are not more severe, harsh or cruel, to people, but are realistic and recoverable, that the inquisitive missionary is to orchestrate the betterment of all parties involved to appropriate condition, not only successful appeasement of the satisfaction of those whom are authorized to impose the fines. It is respectful of humanity, qualitatively, not to harm any individuals of intentional stroke, beyond requisite offensive proportion that is distinguished and legally prime, but that of a purposive move and honest mistake, inter alia, it is of pertinent need to attend of the given legal devices and so that justice be done, for all, negated is the priority of the injured party to not undermine principle, definitively disposed, but among whatever else, surrendered is the insecurity of judicial fancy.

In the end, such is the way forward, the problem must be chewed on, as insurance, for effectual systemization of quantified means, practically, promotion of sympathized, understood and encouraged interactions of man, a care for the public welfare which is a constitutional mandate. What is put forth, it is a feat of relative heights, a requisite and contemplative exertion, about the issue of remedial redress, where iconic is the magistrate, actively, law enforcement and the burden carried with its functional role, the suggestions admitted are partly resolute:

• Irrational determinative outcomes, the disposition of case, and other improper engagements, while capacious of duty, judicial officers shall be made prepared and not absolved, automatically, answerable of misdeeds, professional of face and sufficient evidence that is supportive of misconduct claims, where at risk are the income, rights, reputation etc., to enable the discouragement of judicial bad behavior, at the bench. In room, less space given to the vulnerability, about their movements of molestation or the discretionary caused discrepancies, through assigned rigid criteria, judgmental reconstruction of problematic political and procedural features.

• Withstood, particular privacies that are secured against unreasonable disclosures of persons, otherwise, transparency is to be given to all public contacts and less redactable content of said privileged identities, affixed identification codes, but instead are descriptive and accessible, when published of judicial activity.

• In any court, administration of law is never subject to the sole authority of magistracy, not consistent one member, but three members, minimally, and no member is to be permanent, on a panel or residence, and houses shall be fluctuated, per case, feasible radiuses to be considered, and technology utilized whenever inevitable of communicative purpose to members.

• A prerequisite of duty, that judicial magistrates, prosecutorial agents, enforcement field-officers and similar, they are not authorized to operate lawful transactions, before they have served real time in jail of mock trial, for set period of time, and experienced the same of parole or probation, in relative professional capacity, exempli gratia, civil, probate, field, office et cetera, before any proceeded post or appointment can be accepted.

All those proposed suggestions of herein, they should be coordinated for coherence, candidly, humanistic of actual diagnosis and prescription, on principle, a rectification of hostile difficulty that is considered immediate and prismatic about a static pale, in performance, a realm not pristine, but a confidence fulfilled, partaken of absolution, for the conservation of liberty, divine property which is prized of this American people.