Harry Potter’s Morning Light

  Chapter 3014 The ghost in the distance (19)

"Hahaha"

   "Stop, you ugly puppet."

  Pomona followed the sound and saw a puppet—Paul running ahead, followed by two angry students.

   "What's going on." Pomona stopped the students and asked.

   It's not that she's defending Paul, but that the seemingly "harmless" puppet is actually very dangerous.

   "He spilled the ink... our notes are out!" said the Gryffindor boy.

   "You can borrow other people's notes," Pomona said.

   "That puppet is causing a lot of trouble, why not throw it out?" said the Ravenclaw boy.

  Pomona wondered how to explain this problem.

   "Don't worry, I don't want to stay in this place at all." Paul, who had gone and returned, said not far away.

   "Don't run away!" The Gryffindor boy took out his wand.

   "Magic is forbidden in the corridor, you should go back and review." Pomona said to the students.

   They left unwillingly, and after they left, Pomona came to Paul.

   "This place is so depressing." Paul looked up at Pomona and said, "I hate this place."

   "Oh, really?" Pomona said with a smile.

   "When they graduate, we'll leave."

  She always thought that Paul was the kind who only cared about his own happiness and disregarded the life and death of others.

   "Thank you for thinking of them," Pomona said.

   "Why can't goblins be dragon tamers?" Paul asked.

   "Excuse me, what did you say?" Pomona asked.

   "The wizard hasn't changed a bit after all these years." Paul said contemptuously.

   "I didn't hear that Barnaby and Cooper were going to be dragon tamers," said Pomona.

   "You still don't understand what I mean, do you?" Paul asked.

  Paul was so crazy that previous people locked those who were recognized as lunatics 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 a genius and a madman, and she tries to see Paul from a "normal" perspective.

"I don't want to be their obstacle." After a while, Paul said a little arrogantly, "The leader of the goblins is much more powerful than most human wizards, and he doesn't have a magic wand. , he could have become a dragon tamer, but humans rejected his request to join, so he took another path."

   "Rebellion," Pomona thought.

"If I stop them, they try to kick me away, but when they don't know where to go, they play with me because they lose the drive to go forward regardless. said Paul.

  When Pomona wanted to say that Paul was naive, that Barnaby and Cooper wouldn't necessarily play with him even if he didn't know what to do, she decided she'd better not say it.

   "There are many ways of living, but who stipulated that only the one you mentioned." Paul said contemptuously.

   "I know, learning is about gaining strength." Pomona said with a smile. "You don't play with opponents who are too weak."

   I don’t know what made Pomona upset him, so Paul left without saying hello.

  Pomona stares in the direction Paul left.

  Barnaby doesn’t actually need to work. The wealth left by his ancestors is enough for him to live comfortably for the rest of his life. Graduation is not important to him. He even offered to drop out of school.

  But who made her a "good student" all her life, it was difficult to understand a "bad student" like Paul for a while.

  Paul just said "you", who does that "you" include?

  Graduating after seven years of study is not just about getting a certificate. Although it is a matter of course for most people to graduate successfully, it is not an easy task for Barnaby and Cooper.

   After hesitating for two seconds, she walked towards the cellar.

   Now that she kind of understood what Paul was talking about with the "power to rush forward regardless," she wandered aimlessly at first, relaxed but boring.

  Now she feels different, if she is not afraid that the students will be too surprised when they see it, she really wants 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 was hanging out with a group of young people who were 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 pool room and stolen $65 from the cash register.

  Although Gideon is only at the 8th grade level, he likes to read newspapers and knows that he is entitled to a free lawyer, so he asked for it before the trial.

The power Gideon mentioned refers to the Johnson case heard by the Supreme Court in 1938, but what is applicable to the Supreme Court does not necessarily apply to the laws of each state. , which is determined according to the interests of the states, resulting in the case of the "fruit of the poisonous tree", where the commodity sold by the suspects illegally intercepted was alcohol.

  The judge at the time thought that Gideon was just looking for trouble for nothing. He hastily explained that Florida law only provides for felony crimes with the death penalty to provide free lawyers, and then he knocked on the gavel and announced the opening of the trial.

  Seeing that the judge dismissed his request, Gideon could only arouse his scalp and say that he was defending his innocence, that is, he acted as a lawyer for himself.

  Prosecutor Harris, who represents the state government, has a doctorate title. He also dismissed Gideon's overreach, and said a lot of legal terms, making the defendant dizzy.

   Then the prosecution invited a key witness, a man named Cook, who was also idle. Cameras were not common in those days, and he happened to be nearby when the police discovered the billiard room had been stolen, and based on his testimony, the police arrested Gideon.

   In court, Cook recounted what he had told the police. When it was Gideon's turn to interrogate as a lawyer, he asked Cook whether he had a criminal record.

  In the criminal trial process in the United States, if a witness has misbehavior, his testimony can be doubted anyway, and the witness’s eligibility to testify in court can be denied.

Gideon plays a lawyer who has no authority to investigate whether another citizen has a criminal record, but even if Gideon had to ask, it would be useless, because under 404(a) of the Rules of Evidence of the Federal Law of the United States, objections to **** Exceptions to the general prohibition on evidence of consistent conduct of character, evidence of character reputation as to the honesty or innocence of a witness, or testimony in the form of an opinion about that character, to attack and support the credibility of a witness, only if the witness It can only be adopted after the character of honesty has been attacked.

It means that Cook's honesty cannot be questioned just because he has a criminal record, but if a person without a criminal record joins a secret organization that protects each other by lying, deceiving and even killing, the honesty of the witness will be questioned. Attack, such testimony can only be adopted.

  Gideon also has a criminal record of burglary, and the police will not arrest an innocent and good citizen for no reason. Generally, at the beginning of the trial, the judge, the prosecution and the defense will select 6 to 12 people from the local residents as jurors. After hearing all the statements and defenses of the entire case, the jurors will hold a closed-door meeting to decide whether the defendant is guilty or not. Judge sentencing. Because of this, the prosecution and the defense attach great importance to the selection of jurors. Gideon does not know this. After the judge gave him the list of jurors, he accepted them all in a daze, and these jurors were carefully selected by the prosecution. Yes, either a family member or friend is a victim of a crime, or a friend or family member works in law enforcement, or is simply biased against an indigent suspect.

  When Gidis imitated a lawyer and cross-examined the main witness whether he had a criminal record, the witness hesitated and had to answer that he did not. When it was Gideon's turn to find witnesses, none of the eight alibi witnesses he found could clarify the facts. Gideon was then convicted, and the judge sentenced him to the heaviest five years in prison.

  Because he couldn't afford bail and couldn't afford 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, which contained some law-related materials. Then Gideon wrote the "Appeal of the Extremely Poor" with a pencil through self-study, using the privilege of the poor to appeal under the law. ", took the Florida court to the Federal Supreme Court.

  In this letter, he did not complain for himself, but pointed out that the Florida court used "improper procedures to deprive citizens of their liberties" according to Article 14 of the Constitution.

  This constitution has several sub-articles, such as being born on the land of the United States is an American, the number of representatives is allocated according to the population, the public debt problem of the United States, and Congress has the right to implement this article with appropriate legislation, etc.

  But what is related to Gideon is the immunity of citizens of the United States, "no one shall be deprived of life, liberty, or property without due legal process."

  This article can be traced back to Article 5 of the Bill of Rights in 1689: Without due process of law, no one shall be deprived of life, liberty, or property, and private property shall not be expropriated without fair 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 bastion of British freedom.

At the Constitutional Convention, Charles Pinkening cited the 1780 Massachusetts Constitution to debate the right of habeas corpus, which states that citizens should be able to obtain the protection of writs of habeas corpus in the simplest manner, except in urgent and inescapable cases, And this "urgent and irresistible circumstance" includes treason.

The same is Article 14, Section 3 of the Constitution: Any person who has been sworn to support the Constitution of the United States as a member of Congress, an officer of the United States, or a member of a state legislature, who subsequently engages in acts of subversion or rebellion against the State, or renders assistance or convenience to enemies of the State shall not be a Senator, Representative, President, or Vice President of Congress.

Of course Gideon can't be president or a senator, but he can still change the laws of the United States without getting two-thirds of the votes in the House of Representatives, because the Supreme Court's 9 justices ruled unanimously, based on the principle of fair trial , courts at all levels should provide free judicial aid to the poor, and the police should also recite the "Miranda Admonition" when arresting criminals. If criminals cannot afford lawyers, the courts will provide them free of charge. The origin of the saying "I know my rights, I'm going to call".

  Gideon still has a battle to fight after he gets the right to appeal. In fact, in the first trial, he still had the opportunity to prove the unreliability of Cook's testimony, that is, through cross-examination, which is more difficult.

  Cross-examination is not about muddled questions, but about setting traps and inducing questions to allow witnesses to reconstruct their memories unconsciously. Many "honest people" are prone to make testimony mistakes. For example, when a person sees a person without a flashlight rummaging through the cash register in a dark situation, he can accurately identify his physical features and call out the person's name.

Cross-examination requires professional training. Gideon, who has an eighth-grade degree, did not have it, but the lawyers who provided legal support for Gideon's review did. So they quickly discovered the flaws in Cook's testimony, and then reversed the case—it was Cook who actually stole the billiard room. G, he framed Gideon.

  This case was caused by the police's eagerness to solve the case, the prosecution's pursuit of "winning rate", and the jury's and judge's partiality. After the Gideon case, Florida prisons began to clean up. Thousands of inmates were given the opportunity to be reviewed because they did not have legal aid. Most of them were released after the review.

  But although some laws exist, they may not be effective. Neo told the agent that he knows his rights, but the agent did not listen to him at all and asked him to call.

   Under certain circumstances, habeas corpus can be suspended, which was also the focus of debate in the constitutional convention. South Carolina hopes that the habeas corpus will not be suspended.

In 1692 South Carolina also migrated the 1679 Habeas Corpus, which gave its people a short-lived habeas corpus, but their governor in England denied the request, arguing that South Carolina applied English law, so it was unnecessary , and the South Carolinians believed it too.

   It turned out that was far from the case, and then in 1700 they protested to the Board of Trade, which overruled it.

   Queen Anne ordered governors to implement habeas corpus and writs of protection, and the governor of Virginia implemented them in cases not involving treason or felony.

  In 1807, Chief Justice John Marshall incorporated the writ of habeas corpus into U.S. law. Congress had a "mission" to ensure that this law remained active, and the writ of habeas corpus gradually withdrew from the stage of history. This power no longer requires a signature like an arrest warrant, and any American citizen can raise it at an interrogation like Gideon, provided he reads a newspaper.

   "It's ridiculous, those 'robots' actually have to apply for an arrest warrant." Pomona complained.

   "It's a full play," Severus said listlessly.

  Pomona also wanted to imitate Neo and give them a finger, but unfortunately this action is not suitable for girls.

   "Bah." She pointed at the agent on the screen and made a grimace.

  Although there is really no "lethal effect" in doing so.

  (end of this chapter)