Sex Crimes, Sex Offenders question

[HatesTyranny]

Has anyone ever argued a case on the duly constitutional and inalienable right to Life, Liberty and the Pursuit on Happiness?

NV Con: Section. 1. Inalienable rights. All men are by Nature free and equal and have certain inalienable rights among which are those of enjoying and defending life and liberty; Acquiring, Possessing and Protecting property and pursuing and obtaining safety and happiness[.]

Declaration of independence: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda v. Arizona, 384 US 436, 491.
"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. US, 230 F 486, at 489.
"There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights." Sherer v. Cullen, 481 F 946.

Has it been argued and won, that people have the right to make a living in any manner they please as long as they don't hurt anyone else? This goes straight to the core belief system of our founders. I am curious as to what the jury or magistrate would think. I believe a jury would understand better than a judge.

 

[army judge]

You need to argue the facts, not a social theory.
You'll be in a court of law, not a sociology or government classroom.
How does the government make you happy?
Someone might derive their happiness from sexually molesting infants.
Another creature. iChat get her jollies by shoplifting.
Another person might think its funny to kill people of a certain race.
You get my point?
If you can't argue the facts, use legal precedent, then you should shut up and force the state to prove their case.
Finally,to answer your question, no first year law student would make the argument you suggest before a moot court, let alone a judge.
Your argument,if there is one, has NOTHING to do with anything you posit.

 

[HatesTyranny]

I go to court in the morning. I won't be arguing any facts of the case yet, they have not even answered my request for discovery yet. I will shut up and make them prove their case though. I will start checking the NV Supreme Ct cases for president also.

You missed my point when I said "as long as they don't hurt anyone else". If I don't trample on anyone else' right to Life, Liberty and Happiness - where is the crime?

Hale v. Henkel, 201 U.S. 43, 74 (1906) --

"The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the State, since he receives nothing therefrom beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law (not statute), and in accordance with the Constitution. Among his rights are a refusal to incriminate himself and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights."



To answer your question; government doesn't make me happy nor is it bound by the Constitution to do so. However, I am happy with the government when it leaves me alone. Other than that, it owes me nothing.

 

[Proserpina]

Here's your problem.

The US has - with very few exceptions - determined that prostitution harms society as a whole, as well as individuals.

Don't try to bring in irrelevant case law.

 

[army judge]

You missed my point when I said "as long as they don't hurt anyone else". If I don't trample on anyone else' right to Life, Liberty and Happiness - where is the crime?





To answer your question; government doesn't make me happy nor is it bound by the Constitution to do so. However, I am happy with the government when it leaves me alone. Other than that, it owes me nothing.

Anything I might have asked was simply something for you to consider.

This is not a classroom, and I am not your professor.

I avoid the government at every opportunity.

Yet, as you may one day discover, they won't avoid me.

The best advice you can receive is to retain counsel.

You are so far off base, and this drama has yet to begin.

But, this is America, and being foolish is still permitted.

In fact, being foolish is encouraged.

That permits the government to trap more fools.

 

[CdwJava]

I go to court in the morning. I won't be arguing any facts of the case yet, they have not even answered my request for discovery yet. I will shut up and make them prove their case though.

Is this a pretrial hearing? Or, trial?

Understand they likely have enough evidence to prove their case (in the prosecutor's opinion, anyway). They won't need you to say anything about it.

You missed my point when I said "as long as they don't hurt anyone else". If I don't trample on anyone else' right to Life, Liberty and Happiness - where is the crime?

The crime is found in the statutes of the state of NV. Isolated and out of context court cases aside, the state of NV has the right to enact laws governing most aspects of people's behavior and thus far no USSC case has determined that prostitution must be considered a lawful activity.

 

[HatesTyranny]

CdwJava, it was an arraignment hearing. They refused me a Public Defender because the DA was not seeking more jail time! They offered me "time served" if I were to plead guilty. I did not make a pleading because I have not received the discovery yet and the cop didn't sign the complaint. It could be that she didn't want commit a perjury.

Natural inalienable rights and constitutional rights will be at odd with statutes, codes, ordinances and regulations long after
I'm dead and gone.

Thank you for the input!

 

[CdwJava]

Unfortunately for you, the courts disagree with your interpretation that there needs to be a human "victim" for there to be a violation of the law. Thus far, the Constitution has been interpreted to permit the state to enact statutes that make prostitution a crime. If you try to argue that angle, you WILL lose.

Cast doubt on the elements of the offense, don't try to argue bogus common law arguments that are oft repeated on the internet but regularly fail when they are tried in court. If the state cannot prove the elements of the offense, then you can prevail.

 

[HatesTyranny]

Hello and thank you to all that replied. This is HatesTyranny. I could not find my password so I made a new account. I wanted to let you all know how it came out in court, in case you are interested.

I never did enter a plea.

I did challenge the DAs right to prosecute me, a sovereign people. I told the DA he cannot prosecute me and why, then gave him a time limit to show me why I am wrong or to admit that I am right by his silence. He never responded to me. When I showed up to court on my trial date, he dropped the charges.

I was disappointed in a way. I was prepared for battle. It was like training for a prize fight for 7 months and come fight time my opponent just lays down for a 10 count. I felt like I won without throwing a punch. Actually I had thrown a few before I got there and they did the job, but my win wasn't very satisfying considering that I didn't get to say one word in court.

Thanks again and if you want more details feel free to ask. I'll be happy to share my documents and what I have learned in my crash course on Law.

 

[mightymoose]

It is extremely unlikely the dismissal had anything to do with your sovereign citizen demands.
It was likely something much more simple such as someone failing to show up or not receiving a subpoena. If you don't change your behavior you will find yourself in the same mess again.