Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
Inquisitorial Justice in U.S. Federal Courts

Inquisitorial Justice in U.S. Federal Courts

Ratings: (0)|Views: 289|Likes:
Published by Sheriff_Joe_Arpaio
The disturbing trend towards the use of inquisitorial justice as opposed to traditional adversarial justice in the the U.S. allowing the reduction or elimination of the use of attorneys in federal forums and reducing the input from litigants.

In the extreme case cited here, notice and opportunity to be heard have been abolished.

The inquisitorial system is more common in continental Europe.
The disturbing trend towards the use of inquisitorial justice as opposed to traditional adversarial justice in the the U.S. allowing the reduction or elimination of the use of attorneys in federal forums and reducing the input from litigants.

In the extreme case cited here, notice and opportunity to be heard have been abolished.

The inquisitorial system is more common in continental Europe.

More info:

Published by: Sheriff_Joe_Arpaio on Jun 21, 2014
Copyright:Traditional Copyright: All rights reserved

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOCX, PDF, TXT or read online from Scribd
See more
See less

08/01/2014

pdf

text

original

 
Inquisitorial Justice in U.S. Fed Courts U.S.D.C. (M.D. of Florida)
In a recent case, Scott Huminski v. Hon. John E. Steele, 2:13-CV-685-FTM-29DNF, a growing trend towards an inquisitorial justice system in the U.S. Federal Courts has become evident, in contrast to the traditional adversarial system. U.S. District Court Judge Steele sua sponte summarily dismissed a federal civil rights complaint based upon an affirmative defense without notice to the parties and has used this inquisitorial approach in other cases. The inquisitorial system is popular in continental Europe especially in criminal cases (e.g. Princess Diana investigation, Amanda Knox murder case). Until now, sua sponte summary dismissals in the U. S. Courts were reserved for  jurisdictional defects. Judge Steele, not only proffered an affirmative defense for himself, he forwarded the defense for his coworkers at the Fort Myers, Florida federal courthouse. Pursuant to the federal rules of civil procedure, affirmative defenses are/were traditionally proffered by the defendants in an answer or in a motion to dismiss. Plaintiff Huminski
’s
 only opportunity to respond to the sua sponte dismissal was in a motion for relief from judgment under Rule 60 located here, http://www.scribd.com/doc/226985087/Motion-for-relief-from-judgment-Huminski-v-Hon-John-E-Steele 
Steele denied Huminski’s Rule 60 motion without a mention of Huminski’s argu
ments that sua sponte summary dismissal grounded upon an affirmative defense is illegal and Steele ignored all authorities cited by Huminski including the seminal case on the issue, http://www.scribd.com/doc/230305785/Judge-John-E-Steele-throws-out-lawsuit-against-himself  Oddly enough, Huminski cited his own case from a decade earlier whereby the full Vermont Supreme Court condemned sua sponte dispositive court acts in a case also involving Huminski.
Huminski v. LaVoie, 173 Vt. 517, 519-20, 787 A.2d 489, 492-93 (2001) (Full Court opinion)(condemning sua sponte summary dispositive acts of a court without notice and opportunity to be heard)
http://libraries.vermont.gov/sites/libraries/files/supct/173/99-330eo.txt State Courts have rejected the trend towards inquisitional justice and the U.S. federal  judiciary is leaning towards this approach essentially reducing or eliminating the need for attorneys at the federal level. In Huminski v. Steele, even the parties are eliminated from litigation after a Complaint is filed. The inquisitorial system is used in various countries in Europe and elsewhere in the world, but, input from the parties and their counsel is allowed unlike the model employed by the Florida federal courts. A new more powerful federal judiciary that replaces attorneys and the arguments of the parties with sua sponte court orders is taking hold in the United States to quickly dispose of civil rights cases. These cases are generally brought intending to curb the abuse of power of federal

Activity (2)

You've already reviewed this. Edit your review.
Cranthom Roberts added this note
In family courts, they extortionate your children, freedoms and assets. Two articles on family courts detail the constitutional horror: www.avoiceformen.com/men/fathers/amer... www.avoiceformen.com/mens-rights/fami...
1 hundred reads

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->