This-essay is a7712081.htm which is available at the web-site www.essayz.com. See more notes at the bottom. Previous-Essay <== This-Essay ==> Following-Essay By-Months By-Years By-Words Webs of Like-&-Un-Like ESSAYS <==> Like-&-UN-Like This-One ========================================================== %PREJUDICIAL QUESTIONS 771208 Informal questions which are formulated before the beginning of judicial processes are often of a form which seriously prejudices those processes. If the judge or jury is asked to answer only loaded questions, justice will not be served---especially if the judicial process makes no provision for passing judgement upon prejudicial questions implicit in the charges made against the accused. "Has the accused stopped beating his wife?" is a loaded question which implies guilt unless the question is judged guilty of being loaded. If the accused has stopped beating his wife, he should be punished for having beat her. If the accused is still beating his wife, he most surely should be punished. Justice will prevail only if the question is found guilty. Prejudicial questions are often occasioned by thoughtless operations of technical judicial processes. Technical procedures were designed to accomplish just resolution of conflicts, but the technical procedures do not fit all situations equally well. The thoughtless following of technical procedures can occasion many foolish and unjust results---sometimes by occasioning the asking of prejudicial questions. The judicial process must keep in mind the ultimate purpose of the judicial procedures --- and ask if the ultimate purpose is being served by traditional technical procedures. Sometimes the thoughtless execution of technical procedures occasions injustices which are greater than those which the procedures were ostensibly rectifying. Prejudicial questions are often used by powerful people who can control the judicial procedures to accomplish unjust purposes. Protection against such unjust use of the judicial process is not possible--- unless prejudicial questions can be brought to judgement and the hidden motivations behind them exposed. Only as the broad holistic perspective is brought into the judicial process will it be possible to expose the way in which lawyers and others familiar with the Judicial process make use of the judicial process for unjustifiable personal gain. One may be reasonably suspicious of those people who become conspicuously wealthy through their involvement in judicial procedures, and properly ask publicly if they are asking prejudicial questions which undermine justice. (c) 2005 by Paul A. Smith in www.essayz.com Search for Integrity and Honesty (On Being Yourself, Whole and Healthy) ==========================================================
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