• Enter your email address to subscribe to this blog and receive notifications of new posts by email.

    Join 326 other followers

  • RSS The Raleigh DWI Lawyer

    • YET ANOTHER ASSAULT ON OUR RIGHTS July 6, 2016
      While the Republican majority in the North Carolina Legislature might be composed of Tea Party bigots appealing to their Neanderthal base, they’re not completely stupid.  They know how to whip the ignorant mob (who would actually benefit from progressive policies) into an indignant frenzy – all the while keeping that mob poor, ignorant and self-destructive.  […]
    • HB2: WHAT A DISGRACE. March 29, 2016
      REPUBLICANS: YOUR MASTERS ARE NOT HAPPY WITH YOU BUT PHIL ROBERTSON LOVES YOU. In case you missed it, my fellow freedom-fighters, last Wednesday, the Tea Party leadership in the North Carolina Legislature called a special session of the General Assembly at a cost of about $42,000.00 of North Carolina tax-payer money.  What crisis, you may […]
    • Moral Monday Round Two February 27, 2016
      This week I was privileged to represent two defendants from the most recent Moral Monday arrests at the North Carolina General Assembly’s Rotunda (North Carolina’s Forum ,if you will) .  These two cases were the first cases that the State of North Carolina called for trial stemming from the 2015 Moral Monday demonstrations against the […]
    • NON-STATUTORY AGGRAVATING FACTORS AND DOUBLE JEOPARDY February 15, 2016
      (THANKS TO THE LATE ANTONIN SCALIA FOR ACTUALLY PENNING SOME DECISIONS THAT WERE CORRECT.  R.I.P., I GUESS.) The following is based on actual events. Any resemblance to real persons, living or dead, is purely coincidental (How do these two disclaimers live with each other?) As we all know, there is no such thing as a […]
    • BLOOD TESTS January 26, 2016
      ADMISSIBILITY GOVERNING CHEMICAL ANALYSES; ADMISSIBILITY; EVIDENTIARY PROVISIONS; CONTROLLED DRINKING PROGRAMS A 1. 20-139.1(c1) ADMISSIBILITY A. NOTICE AND DEMAND. 1. WHEN THE STATE WANTS THE EVIDENCE INTRODUCED. NCGS 20-139.1(c1) is the notice and demand requirement that exists for the purpose of curing the confrontation clause problem facing the State whe […]
    • CHECKPOINTS ARE TERRIBLE. January 22, 2016
      IF YOU’RE A CRIMINAL DEFENSE LAWYER AND YOU’RE NOT CHALLENGING CHECKPOINTS, YOU’RE NOT A CRIMINAL DEFENSE LAWYER. 1. INTRODUCTION Challenging checkpoints requires, initially, a two-prong analysis: first, the checkpoint’s constitutionality on its face; and, second, its constitutionality as applied. The mistake that many defense lawyers make is looking at the […]
    • SOME THINGS ARE WORTH REPEATING January 12, 2016
      NON-STATUTORY AGGRAVATING FACTORS There is no such thing as a non-statutory aggravating factor. I repeat: There is no such thing as a non-statutory aggravating factor. All together now: There is no such thing as a non-statutory aggravating factor. NCGS 20-179(d)(9): “Any other factor that aggravates the seriousness of the crime.” This is the catch-all under […]
    • HAPPY NEW (RELIGION-FREE)YEAR January 3, 2016
      My hopes for 2016, my loyal followers, are for a year in which secularism replaces sectarianism, sanity replaces stupidity, reason replaces religion. 2015 has been a fascinating year.  It has highlighted the blight on our country of senseless gun-violence.  While people are being killed daily by guns that are not for hunting and exist for […]
    • Congratulate Me On My New Website December 29, 2015
      http://www.theraleighcriminallawyer.com.  and while you’re at it, visit my DWI website, http://www.TheRaleighDWILawyer.com.
    • I HAVE TWO REVIEWS; THEY’RE BOTH BAD November 11, 2015
      Those pesky reviews. As the lawyer with the highest number of pending DWI cases in Wake County, North Carolina, I marvel at the fact that I have only two reviews.  How, I wonder to myself, do all these other lawyers have so many reviews?  Why, I ponder, do I seem to attract clients who don’t […]
  • Advertisements

800th ANNIVERSARY OF MAGNA CARTA … AND WHO CARES?

On June 15, 1215, at Runnymede, the Earls and Barons of England forced King John to affix his seal to “one of the most important legal documents in the history of democracy,” Magna Carta or the Great Charter. The Right Honourable The Lord Denning, Master of the Rolls from 1962 to 1982, described Magna Carta as the “greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despot.” Franklin Delano Roosevelt declared in his 1941 Inaugural Address, “The democratic aspiration is no mere recent phase in human history … It was written in Magna Carta.”

Stirring stuff. And complete rubbish. There is nothing remotely approaching democracy or the freedom of the individual in Magna Carta. But I do appreciate Roosevelt’s correct omission of the definite article. Like hoi poloi, Magna Carta is not preceded by “The.” And that’s the only thing Magna Carta and hoi poloi have in common. The masses, the public, the multitude, the rank and file, what we now call the middle class were never meant to be the beneficiaries of the “rights” guaranteed by Magna Carta. The titled, landed gentry were – you know, today’s one percent. Magna Carta is no more a declaration of the common man’s rights than is the whining privately-educated schoolboy’s (like me) complaint that the head prefect has more privileges than the lower prefects. Magna Carta was class-warfare among the elite.

Following all the greetings, a listing of the endless titles held by John, supplications to God and his servants on earth, references to this constable and that seneschal, we have: “To All Free Men Of Our kingdom…” Sounds good (unless you happen to be a woman or not a free man). To be clear, the free men to be protected by Magna Carta were in fact a tiny minority of the English population at the time – titled men who owned property. Magna Carta was designed to do nothing more than codify the feudal system that already protected the rights and property of the small number of powerful families that, through good fortune or violence or both, happened to sit atop the rigid feudal system. Magna Carta didn’t advance democracy; it retarded democracy. It legislated the status quo that kept the vast majority of Englishmen and women enslaved and the powerful in power.

Article 6 of this to-be-much-revered document prohibits heirs of any earl or baron from marrying someone of a lower social standing. But, to be fair, Article 7 is kind enough to allow a widow to remain in her husband’s house for 40 days after his death.

Articles 10 and 11 liberate Jews from the burden of collecting debts from the estates of people who die owing them money.

Article 21 stipulates that earls and barons will be fined only by their peers. Now we know why “peers” has come to mean both one thing and its opposite (like “cleave”): our superiors and our equals – a Peer of the Realm – a jury of his peers.

Articles 38, 39 and 40 are very nice and are the three remnants of Magna Carta that get American lawyers all a-twitter and falling all over themselves in fawning adulation. Article 38 describes the corpus delicti rule; Article 39 deals with due process; Article 40 tells us that justice will not be denied, delayed or sold. All of which, we have the Romans to thank for. And the Romans, for all their faults, at least applied these principles in all cases, not just for those out of society’s top drawer. Just like today!

There are lots of fascinating forest rights to read about in Magna Carta depending on whether you’re reading the original version (you’re not, it doesn’t exist), or Henry III’s 1216 version, or the 1217 version, or the 1225 version, or even Edward I’s 1297 version. In any event, I’m sure the common man of 1215 was much relieved to know that his overlord could still hunt the land on which he lived – unlike yon afore-mentioned common man who would be branded a poacher, forced to admit to his wrong-doing with no “credible witnesses to the truth of it” (Article 38), and be denied the right to due process and a trial, because those rights belong only to his master.

So happy 800th birthday, MC, you’re not that important. I do, however, look forward, in five years’ time, to celebrating the 700th anniversary of an inspired, inspiring and relevant document that truly champions freedom, Jefferson’s inspiration, and the battle-cry of at least one modern country’s desire and destiny of Independence still: The Declaration of Arbroath.

Advertisements
%d bloggers like this: