Friday, February 15, 2013

For the Sake of John Swallow, Bring on the Sixth Amendment

I'm guessing John Swallow did have a breach of conduct. But, whether or not that be so, he deserves better of us. 

For the sake of John Swallow, give us a faster legal system. I submit, if we had the legal system the Constitution calls for, much of the injustice we are seeing might possibly be avoided.

How is it just that Swallow should be forced to resign before he has even had a chance to have his name cleared in the courts?

How is it just that all this was under wraps from the public while the public was deciding who to vote for? 

How is it just that Utah is now saddled with an attorney general who some say cannot be effective due to the cloud upon his name?

So -- should we be listening -- comes the words from our Bill of Rights, wafting down though the years, that "the accused shall enjoy the right to a speedy and public trial." Wisdom, there is in that injunction, for some justice cannot be accorded unless it is accorded speedily, and publicly.

What could we do? We could refashion our justice system to fit with what the Bill of Rights suggests. We could make it so a public trail takes place about as quick as the charges come up. A decision of first evidences could be rendered. All the evidences then available, and all witnesses then known, would immediately be called to the court, and everything laid out before the court, and this "decision of first evidences" rendered in a speedy and public way.

If more evidences, more witnesses, and more investigation came later, so be it. Let them come and let them be accepted. That would be extending the case no further than what it already is. But, some of these cases would be nipped. Some would go no further than the initial court finding. Sometimes, the good name of individuals would be preserved before irreparable harm was done.

If Swallow resigns, and then is later exonerated, what will we do, put him back in office? Time will have swept on. Better that justice is served while it can be served, than when it is too late.

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