May 2, 2010

What qualifies any state legislature to make medical / psychological terms mandating those in that industry to follow?

5-2-2010 National:

Interesting thought: In all court cases when a "Qualified Expert" testifies, the court through the lawyers, requires that the EXPERT be qualified on the subject they are testifying about.

Example: In civil commitment cases the defense usually calls a "expert witness" to testify about their client, and before the court allows that to happen, the expert must be pre-qualified. See IN RE COMMITMENT OF DAVID DODSON where Dr Anna Shursen was qualified through her credentials.

Accepting that as a legal norm raises this question: What qualifies a state legislature to create terms (ex: mental abnormality) that professionals (i.e., in the medical / psychological industry), and even courts must follow? Especially when these terms can result in someone's liberty being taken away.

Even the "Will of the People" is not qualified as they have had zero training in the field.

These questions have never been raised in a court of law.

eAdvocate

PS: Likewise, what qualifies a legislature to say, one crime is more dangerous than another, hence then set Tier levels for sex offenders?

2 comments:

Book38 said...

You make and EXCELLENT point. NOTHING set down in law, no case, no president has ever qualified legislature to assign Tier levels for sex offenders.

Not one thing.....except John Walsh wants and desires.

Is he (John Walsh) even an elected official?????

Anonymous said...

John Walsh is a nobody who has exploited the tragic death of his son into a personal crusade against sex offenders; even though there is not evidence, of any kind, that his son was the victim of a sex offender. He's a crusaider who has chosen to target us and has used the media and politicians to force us into a sub-class of citizens. Unless we create a voice for our selves to combat this, it's not going to stop until they lock us all away for life, without any chance of getting out.
I've been to prison, I know how we are treated on the inside. I'd rather die then go back.