139

CONTINUING  FROM # 137

ONE ADDITION TO THE ISSUE OF PRIVATE PROSECUTION OR FORCING JUST PROSECUTION ON THE GOVERNMENT BY THE VICTIMS.

WHILE ONE SHOULD CORRECT INJUSTICE NO MATTER HOW MUCH IT IS SUPPORTED BY PAST COURT RULINGS, EVEN AT THIS LEVEL THE SUPPORT I FOUND YESTERDAY FROM THIS COURT'S RULINGS TO THE NOTION THAT PROSECUTOR'S DISCRETION CANNOT BE CHALLENGED SEEMS TO HAVE FALLEN SHORT OF EXTENDING TO THE LEVEL OF BEING APPLIED ON DIRECT AND CLEAR HARM FROM A CHALLENGING VICTIM EXCEPT FOR ONE CASE Leeke v.Timmerman . HOWEVER, INSTEAD OF STATING ORIGINAL THINKING, THIS COURT SEEMS TO HAVE BASED ITS RULING FOR THAT CASE ON Linda R.S.v.Richard D. . I THINK THAT WAS WRONG. THAT IS BECAUSE IN THE FIRST IT WAS CLEAR THAT WHATEVER PUNISHMENT APPLIES BY THE LAW ON THE GUARDS FOR THEIR ALLEGED BEATING TO THOSE INMATES  HAS VERY STRONG SUPPORT FOR IT BEING A RESPONSE FOR VIOLATING THE PERSON'S RIGHT IN NOT GETTING BEATEN UNJUSTLY. SO ONE MAY DEMAND EQUALITY BY PUNISHING THE ONE WHO ENCROACHED ON A NATURAL RIGHT LIKE THAT.

BUT IT IS NOT THE SAME WITH THAT SECOND CASE BECAUSE IT WAS NOT CLEAR THAT THE LAW THAT STATE PUT FOR PUNISHING FATHERS IN SIMILAR SITUATIONS TO THE GUY IN THE CASE WAS TO ADDRESS ENCROACHMENT ON THE RIGHT OF A MOTHER IN SIMILAR SITUATION TO THE ONE IN THE CASE. YES, ONE COULD SEE IT AS BEING PUT FOR THE RIGHTS OF THE BABY. BUT THAT STILL DOES NOT READILY ANSWER THE PROBABILITY THAT ITS ARRANGEMENT IN THAT MANNER WAS FOR THE BENEFIT OF THE STATE MUCH MORE THAN THE MOTHER AND THEREFORE THE MOTHER DOES NOT HAVE SUFFICIENT RIGHT TO PROSECUTE THE FATHER. FOR EXAMPLE, AND THIS IS PROBABLY WHY THE LAW WAS ENFORCED ON MARRIED COUPLES ONLY, THE STATE COULD HAVE BELIEVED THAT  THE FATHER AND MOTHER OF AN OUT OF MARRIAGE BABY WITHOUT A CHILD SUPPORT FROM THE FATHER ARE BOTH RESPONSIBLE BUT IT CHOSE THE PATH OF PUNISHING THE FATHER FOR ITS OWN INTEREST BECAUSE OF, FOR EXAMPLE, IT CAN BE MORE EASILY APPLIED SINCE THE BABY NEEDS TO BE WITH HIS MOTHER. ALSO, HOW COULD THE MOTHER ACT ON BEHALF OF THE BABY IN DEMANDING PUNISHMENT FOR VIOLATING THE BABY'S RIGHTS TO THE FATHER IF SHE IS ALSO PART OF THAT SAME VIOLATION?

TO MAKE BOTH CASES SIMILAR TO BASE ONE ON THE OTHER THERE SHOULD HAVE BEEN SOMETHING IN THAT SECOND CASE SHOWING HOW THE LAW WAS ADDRESSING ENCROACHMENT ON THE RIGHTS OF THE MOTHER DIRECTLY OR THROUGH HER BABY BUT I DID NOT SEE SUCH A THING.

SO BASED ON THAT I THINK THAT THERE COULD BE MORE POTENTIAL TO CHALLENGING IN COURTS GRAND JURY DECISIONS LIKE THOSE IN FERGUSON OR NEW YORK THAN  ONE MAY THINK AND THAT HE MAY NOT NEED TO EVEN BE IN AS MUCH AS HE THINKS IN CONFLICT WITH THE LEGAL PRECEDENCE TO MAKE A STRONG CASE.