Wednesday, January 27, 2010

Grains of Sand

Hello friends,

I've received the impression lately that many think me an extremist for voicing my views so adamantly.  The vehemence you hear in my voice is fear.  I'm scared.

My fiance and I entered a discussion tonight that began with the powers of public school administrators and ended with the way citizens are treated each time they step into a courthouse, regardless of guilt.  He likened the little, bureaucratic chips that have been taken from our rights as free Americans to grains of sand.  I'm afraid of being buried under the sand.

The government would not dare stand up to its citizenry and openly say, "We are going to make it legal for the states to issue you citations that you cannot fight in any court.  You will pay these citations or you will go to jail."  However, it exists in the form of red-light camera tickets, and the people who receive them every day pay them without a second thought.  *chip*

We have become careless with our rights, people.  It's not a malicious plot by some cartoon villain, cackling as he twists the ends of his mustache and plots the oppression of the American people.  It happens in many ways every day- bureaucrats trying to make their lives easier or people who justify whittling away rights "for the greater good".

The red light tickets are an example of a bureaucrat creating a highly efficient ticketing system.  It says on the ticket that it is not fightable in any court, and I wish you luck trying to fight it.  Even if it was clear from the picture that the camera malfunctioned or that it was not your car, you would have to fight it through at least two levels of civil court just to begin to see a change.  That would likely lead to the correction of your ticket, but not to the amendment of the system to restore the people's rights. 

It should be a ticket just like any other, only the evidence is your summons.  It's difficult to stand in front of a judge and say, "Yes, that's my car, and yes, the picture clearly shows me running the red light, but I'm going to plead 'not guilty' anyway."  If you have a defense for this, knock yourself out.  The Constitution guarantees your right to due process, which includes a trial by a jury of your peers.  In most states, if a police officer were to pull you over for speeding or running a red light only to discover you were rushing a bleeding pregnant woman to the hospital, he would not only forego the ticket but offer you an escort.  If this was the case, only instead of a cop it was a camera, you should be able to plead this case in front of a judge and jury.  As it stands, though, you do not have that option.  *chip*

The government would never come out and say, "We are no longer required to obtain your consent to perform medical treatments on your children.  We may treat them for mental illnesses at our discretion, and such treatment will be part of their record."  Yet this happens every day.

My future step-son is a genius (literally), and his mind allows him to discuss topics academically that many would consider highly emotional.  One day he was discussing suicide on the school bus; he was 6 years old.  The bus driver notified the school, who then scheduled a psychiatric evaluation for Sebi.  The bus driver mentioned it to Rob's ex-wife, and Rob went to the school to stop it.  They informed him that they did not have to notify the parents to perform any type of evaluation, physical examination or treatment during school hours.  This is justified by playing on our desire to stop abuse.  I don't mean that to sound malicious, but it's as if there could be nothing in this world worse than an abused kid.  It's terrible and heartbreaking, and we should all keep our eyes open to stop it, but that does not mean there's nothing worse.  An innocent boy who has never been harmed by his parents and who has no desire to kill himself does not deserve to be interrogated for hours, stripped and examined physically, and possibly treated for depression without any advocates.  Yes, some abuse cases are caught this way, but how many parents find out their kid has been in therapy because they come home with a new prescription?  What gives the schools the right to act as judge, jury and executioner?  *chip*

There are little things that add up everywhere.  When did we forget that people paid by tax money are public servants, not supreme authority figures?  At what point did we decide to accept a complete lack of respect for our positions as citizens?  Why are people who go to court automatically treated as criminals, even if they are there for civil proceedings?

In the courtrooms now, they even take away your biological rights!  You may not go to the restroom or you will have to reschedule your hearing.  You may not read.  You may not eat.  You may not do anything but stare straight ahead and wait your turn. You may not even stand in the back of the room but instead must be seated within 3 inches of the person before and after you.  You may only leave with the permission of the court. *chip*

I am afraid.  This country changed somewhere in the last century.  We decided that we do not value the rights granted us by The Constitution.  We decided we'd rather try to wipe out poverty or have an efficient process than preserve our rights.  We decided that convenience is more important that freedom, that safety is more important than liberty.  *chip*

Please start paying attention.  Please start screaming at the top of your voice that you are outraged, indignant, and terrified!  Please start telling your friends and your family about the days when this truly was the land of the free.  Please don't let me be a lone voice in a loud market.

Until tomorrow,
MK

2 comments:

  1. Anonymous28/3/10 12:16

    You might want to consider taking a basic law class or using some commmon sense before you take what your "fiance" told you as the truth. Sounds like he's feeding you a bunch of garbage to win an argument. After all.....you must know that a situation involving a mental health evaluation and physical evaluation of a minor (not to mention someone as young as six) would require parental consent and involvement. If a child that age were detained at school because there were concerns of possible suicide, it would be the school's legal obligation to notify social services as well as the custodial parents. It would certainly not be a bus driver that would be relaying this information. Do you really believe that this is how schools handle this sort of situation? Public schools are county run facilities that have specific regulations and protocols for that kind of situation. It is not logical that it would be left up to a bus driver to casually mention something to a parent. Nor would it be logical for a school to conduct or schedule the mental examination of a child without prior notification and consent of the custodial parents. I have worked in the healthcare field for many years and can assure you that a medical history must be given before a mental health evaluation. A six year old child simply cannot be given a medical and physical examination at an educational facility without express consent of a legal guardian. I have found your previous posts to be well written and in line with my general beliefs;however, I felt compelled to inform you of the actual regulations that govern this issue. In the future, I hope you'll consider researching the issue before you let your "fiance" get one over on you for the sake of winning a disagreement.

    ReplyDelete
  2. Dear anonymous,

    Thank you for your comments; I apologize for taking so long to post and reply to them.

    Perhaps I was not very clear about my intentions in sharing that story. I never stated that what the school did was legal. Rather, my purpose was to show how people in authority will sometimes over-step the bounds of what is appropriate, and it is up to us to protect ourselves and our children when that happens.

    Not knowing where you live, I can only speak to the laws and circumstances where I live. When I was 14, I was a high school freshman in the Wake County Public School System of NC, and I wrote a very foolish note that was taken as a death threat. I had written that a person "will die but not by my hands...". I was angry with a friend, and being as emotionally mature as most 14-year-olds, I threw up my hands and said that the universe can sort it out because I was done trying to deal with her.

    The note made its way to two assistant principals. They pulled me from class, interrogated me, threated me with expulsion, jail, and military school, and informed me that they were ordering a psych evaluation for me for the next day. When I asked about calling my parents or the need for a lawyer (once jail was mentioned), they refused to let me call them and said there was "no need to involve anyone else in our discussion." It was only when they realized that I would need a ride home in order to not be on the bus with the other party that they let me call my mom, as if my parents' only roles were as taxi drivers.

    What they did was reprehensible and of dubious legality. My parents stood up for me then, and while I don't know if it is related, neither of those administrators nor the principal returned the next year.

    These things happen, whether they should legally or not, because the people who run our government, our schools and our hospitals are just that: people. People have their own agendas and prejudices, and in a position of authority this can be dangerous if the rest of us do not question them.

    As a further example of this, I suggest looking up the case of Clay Greene and Harold Scull. While the case has not been settled by a court yet, most of the legal opinions I've read on the matter suggest that the two men had taken every legal precaution available and deemed necessary to protect themselves, and still they were denied their rights.

    I appreciate your input, and I hope that my explanation of the purpose of the story will put your mind at ease that I do not use this forum cavalierly. Thank you for reading.

    -MK

    ReplyDelete

Thank you for voicing your opinion respectfully.