Chapter 3014 The ghost in the distance (19)(1/2)
"Hahaha"
"Stop, you damn puppet."
Pomona followed the sound and looked over, only to see a puppet - Paul running in front, followed by two frustrated students.
"What's going on?" Pomona stopped the students and asked.
It's not that she was defending Paul, but that seemingly "harmless" puppet was actually very dangerous.
"He spilled the ink...our notes are finished!" said the Gryffindor boy.
"You can borrow other people's notes," Pomona said.
"That puppet has caused a lot of trouble, why don't you get it out?" said the Ravenclaw boy.
Pomona thought about how to explain this problem.
"Don't worry, I don't want to stay here at all." Paul, who had left and returned, said not far away.
"Don't run away if you dare!" The Gryffindor boy took out his wand.
"The use of magic is prohibited in the corridors. It's time for you to go back and review." Pomona said to the students.
They left reluctantly, and after they left, Pomona came to Paul.
"This place is so depressing." Paul raised his head and said to Pomona, "I hate this place."
"Oh, really?" Pomona said with a smile.
"We will leave after they graduate."
She always thought that Paul was the kind of person who only cared about his own happiness and didn't care about the life and death of others.
"Thank you for thinking about them," Pomona said.
"Why can't we goblins become dragon tamers?" Paul asked.
"I'm sorry, what did you say?" Pomona asked.
"After all these years, the wizard hasn't changed at all." Paul said contemptuously.
"I didn't hear that Barnaby and Cooper were planning to be dragon tamers," Pomona said.
"You still don't understand what I mean, do you?" Paul asked.
Paul was so crazy that people in the past locked up people who were recognized as crazy in his "amusement park".
But Paul is also knowledgeable, otherwise he would not be able to design such an "amusement park".
Sometimes there is only a thin line between genius and madness, so she tried to see Paul from a "normal" perspective.
"I don't want to be a roadblock for them." After a moment, Paul said a little arrogantly, "The leader of the goblins is much more powerful than most human wizards. He doesn't have a wand. If people at that time really used strength as a criterion,
, he could have become a dragon tamer, but humans rejected his request to join, so he took another path."
"Rebellion," Pomona said to herself.
"If I stop them, they will want to kick me away, but when they don't know where to go, they will play with me, because they have lost the motivation to move forward regardless of the cost.
" Paul said.
When Pomona wanted to say that Paul was naive and that even if he didn't know where to go, Barnaby and Cooper wouldn't necessarily play with him, she thought it was best not to say it.
"There are many ways to live, and who has specified the one you only want to live in?" Paul said contemptuously.
"I know that learning is to gain strength." Pomona said with a smile. "You won't play with an opponent who is too weak."
I don’t know what made Pomona unhappy, but Paul left without even saying hello.
Pomona stared in the direction Paul left.
Barnaby didn't actually need to work. The wealth left by his ancestors was enough for him to live a lifetime of food and clothing. Graduation was not important to him, and he even offered to drop out of school.
However, she had been a "good student" for her whole life, and it was difficult for her to understand a "bad student" like Paul.
Paul just said "you", who does that "you" include?
Graduating after seven years is more than just getting a certificate. Although graduating successfully is a matter of course for most people, it is not easy for Barnaby and Cooper.
After hesitating for two seconds, she walked towards the cellar.
Now she understood a little bit what it felt like to have the "power to rush forward regardless of the consequences" that Paul mentioned. At first, she wandered aimlessly, which was relaxing but boring.
She felt different now. If she hadn't been afraid that the students would be too surprised when they saw her, she would have wanted to run.
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In 1961, there was a poor young man named Gideon in Panama City, Florida. His education was only in the 8th grade and he hung out with a group of young people similar to him.
Then one day, when he was wandering on the road, he was suddenly arrested by the police on the grounds that he had stolen some alcohol from the billiard room and $65 from the cash register.
Although Gideon was only in the 8th grade, he liked to read newspapers and knew that he was entitled to a free lawyer, so he made a request before the trial.
The power Gideon mentioned refers to the Johnson case heard by the Supreme Court in 1938, but what applies to the Supreme Court may not necessarily apply to state laws. For example, the prohibition of alcohol prohibition announced in 1933 was not abolished until 1939 in some states.
, this is decided based on the interests of each state, resulting in the case of "fruit of the poisonous tree". The product sold by the suspect who was illegally monitored was alcohol.
The judge at the time thought that Gideon was just looking for trouble. He hurriedly explained that Florida law only provides for free lawyers for capital felonies, and then banged the gavel and announced that the trial was open.
When Gideon saw that the judge was dismissive of his request, he could only raise his head and say that he was defending himself not guilty, which meant that he was acting as his own lawyer.
Harris, the prosecutor representing the state government, has a doctorate. He also dismissed Gideon's overestimation and spoke a lot of legal terms, making the defendant confused.
Then the prosecution invited a key witness, a man named Cook, who was also idle. Cameras were not common in that era. When the police discovered that the billiard room had been stolen, he happened to be nearby. Based on the testimony he provided, the police
Gideon was arrested.
In court, Cook recounted the facts of the case he told the police. When it was Gideon's turn as a lawyer to cross-examine, he asked Cook if he had a criminal record.
In the U.S. criminal trial process, if a witness has bad character, his or her testimony may be considered questionable, and the witness's qualifications to testify in court may be denied.
Gideon plays the role of a lawyer. He has no authority to investigate whether another citizen has a criminal record, but even if Gideon inquires further, it is useless, because according to the Federal Rules of Evidence 404(a), objecting to sexual harassment is prohibited.
In an exception to the general prohibition on evidence of consistent conduct, evidence of character reputation as to the witness's honesty or integrity or testimony in the form of an opinion about that character can be used to attack and support a witness's credibility only if the witness is
It can only be used after your honest character has been attacked.
This means that Cook’s honest character cannot be questioned just because he has a criminal record, but if a person without a criminal record joins a secret organization that lies, deceives and even kills to protect each other, the witness’s honest character will be questioned.
Attack, such testimony can be used.
Gideon also has a record of burglary, and the police will not arrest an innocent and good citizen for no reason. Usually at the beginning of the trial, the judge and the prosecution and defense select 6 to 12 people from local residents to serve as jurors.
After listening to all the statements and defenses of the entire case, the prosecutor holds a closed-door meeting to decide whether the defendant is guilty or not, and then the judge decides the sentence. Because of this, both the prosecution and the defense attach great importance to the selection of jurors. Gideon did not know this.
After the judge handed him the list of jurors, he confusedly accepted them all. These jurors were carefully selected by the prosecutor. They were either family members or friends who were victims of crime, or friends or family members who worked in law enforcement.
Or simply prejudice against poor suspects.
When Gideon imitated a lawyer and asked whether the main witness had a criminal record, the witness hesitated and replied that he did not. When it was Gideon's turn to find witnesses, he found 8 people who provided alibi for him.
None of the witnesses could clarify the facts. Then Gideon was convicted, and the judge sentenced him to the maximum sentence of five years in prison.
Since he couldn't pay the bail and had no money to find a lawyer, he could only serve his sentence in prison. After entering the prison, Gideon did not give in. There was a library in the prison that contained some legal-related materials, and then Gideon
Through self-study, En took advantage of the poor people's petition privileges stipulated in the law, wrote the "Poor People's Complaint" in pencil, and took the Florida court to the Federal Supreme Court.
In this letter, he did not plead his grievance, but pointed out that the Florida court used "undue procedures to deprive civil liberties" based on Article 14 of the Constitution.
This article of the Constitution has several sub-articles, such as those who are born on American soil, the number of representatives is distributed according to population, the issue of the public debt of the United States and the power of Congress to implement this article through appropriate legislation, etc.
But what is relevant to Gideon is the immunity of citizens of the United States. "No person shall be deprived of life, liberty, or property without due process of law."
This article can be traced back to Article 5 of the 1689 Bill of Rights: No person shall be deprived of life, liberty, or property without due process of law, nor shall private property be taken for public ownership without just compensation.
Before the American Revolution, habeas corpus was not invoked in many places, but people at that time generally knew that habeas corpus was an important bulwark of British freedom.
At the Constitutional Convention, Charles Pinkning cited the 1780 Massachusetts Constitution to debate the right of habeas corpus. Except in urgent and irrefutable circumstances, citizens should be able to obtain the protection of habeas corpus in the simplest way.
And this "urgent and irrefutable circumstance" includes treason.
The same is Article 14, Section 3 of the Constitution: Any person who has sworn to uphold the Constitution of the United States as a member of Congress, an official of the United States government, or a member of a state assembly, and later engages in acts of subversion or rebellion against the state, or gives assistance or convenience to the enemies of the state
None of them can be a senator, representative, president or vice president of Congress.
Of course, Gideon cannot become president or senator, but he can still change the laws of the United States without obtaining two-thirds of the votes of the Senate and the House of Representatives, because the nine justices of the Supreme Court unanimously ruled based on the principle of fair trial.
, courts at all levels should provide free judicial assistance to the poor, and the police must recite the "Miranda Warning" when arresting criminals. If the criminal cannot afford a lawyer, the court will provide it for free, which is what the movie Rinho said to the agents.
The origin of the saying "I know my rights and I want to make a phone call".
After Gideon obtained the right to appeal, he still had a battle to fight. In fact, during the first trial, he still had the opportunity to prove that Cook's testimony was not credible, that is, through cross-examination, which was more difficult.
.
Cross-examination is not about asking vague questions, but about setting up traps and inducing questions to allow the witness to unconsciously reconstruct his or her memory. Many "honest people" can easily make testimonial errors, such as when a person sees a person in the dark.
Someone without a flashlight rummaged through the cash register and could accurately identify their physical features and call them by name.
Cross-examination requires professional training. Gideon did not have an eighth-grade degree, but the lawyers who provided legal support for Gideon's review did. So they quickly discovered the flaws in Cook's testimony, and then overturned the case - the person who actually stole the billiard room was
To be continued...