Ed Brotherton joins Corey Eib as guest host on this week’s installment of Agenda 31.
Show Start 1:15
5:51 – After decriminalization of minor traffic offenses, officers no longer
have standing to pull over or issue citation because an arrest is involved
6:39 People v Sava 190 Cal. App. 3d 935 (http://law.justia.com/cases/california/calapp3d/190/935.html)
While fairness to a defendant mandates instructions on lesser related offenses under appropriate circumstances, the court also observed the benefits of such a rule adhere not just to the defendant in criminal trials, but to the People as well. “Just as the lesser included offense doctrine serves the interests of the People by permitting conviction of a lesser offense rather than acquittal of a clearly guilty defendant when the prosecution fails to prove the charged offense, instructions on related offenses will ensure that some guilty defendants who would otherwise go free will be punished for a crime which they committed even though it was overlooked by a prosecutor or was not charged because the prosecutor overestimated the strength of the People’s evidence.” (People v. Geiger, supra, 35 Cal. 3d 510, 530.)
With the one very limited exception noted above, it has never been within the province of the jury to determine whether an infraction has been committed since an accused has neither a statutory nor constitutional right to jury trial of charged infractions.
8:03 Traffic Laws Decriminalized in California
14:59 Los Angeles City Charter Section 271c (https://law.resource.org/pub/us/code/city/ca/LosAngeles/snapshots/revision-27/LAAC.html)
18:00 System is built to make it easier to just pay the ticket.
24:00 Show Break – *Fishbone* “Party at Ground Zero”
30:40 Show Start 2nd Half
30:58 451a California Evidence Code (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=evid&group=00001-01000&file=450-460)
33:10 Ed summarizes his two cases
34:48 Baliff compliments Ed on his principles outside court
35:48 Ed comments on Malom Prohibitum in a free society
37:50 Incarcerate more people per capita than any other country: (http://en.wikipedia.org/wiki/United_States_incarceration_rate)
38:55 Comments on CA 10 day waiting period, overturned in Federal Court : http://www.nraila.org/legislation/federal-legislation/2014/8/federal-district-court-californias-waiting-period-to-acquire-a-firearm-violates-the-second-amendment.aspx
42:13 Ed comments on his research on the term ‘Dollar’ as used in the Constitution
42:50 Ed’s ‘Hitler’ Video on the dollar (http://youtu.be/S4UinYiWfiA)
46:15 Jurisdiction of the United States in Washington D.C. (http://www.boundarystones.org/)
48:46 Pieces of 8 Codified into law (http://www.constitution.org/mon/what_is_a_dollar.htm)
51:25 Two governments in each state – Texas v White reference
55:15 On Contacts with Police, Ed discusses how do conduct yourself during a contact.
57:20 Traffic Ticket is an arrest Ed breaksdown the arrest during a traffic stop