[ExI] FW: how the hell did this happen?

[spike]

> ...On Behalf Of Stathis Papaioannou
> 
> 2009/1/18 spike <spike66 at att.net>:
> 
> > If the child "protective" service ever shows up at your 
> house, do not 
> > let them into your home, do not allow them to stay on your 
> property, 
> > do not let them talk to your children, disregard their 
> threats, take 
> > your chances with the American legal system.
> 
> I don't know what the actual laws are in each state, but as a 
> practical point it would be pretty silly if child protective 
> services didn't have the right to ask for police assistance 
> if they were politely asked to leave.
> 
> I am quite often in the position of having to make a 
> notification to protective services in the Australian state 
...
> Stathis Papaioannou

Thanks Stathis, I hear you, and recognize the difficulty.

I know nothing of Australia's legal system, but the way ours works is this.
The CPS can get the assistance of the police, but this is actually a good
thing, because cops know what they legally can do and what they can't do.
All the police can do is take action if you decide to introduce the
intruders to Mister Twelve Gage.  The police cannot come into your home
unless they have a warrant for your arrest or a search warrant, or if you do
something illegal at the scene.  Telling the CPS to politely fuck off is not
a crime.  Warrants are hard to get under the circumstances usually
associated with family matters and pet matters.  It is a different story of
course if you invite the CPS  or the animal nazis from the SPCA into your
home (always a bad idea).  

The critical difference is in one case you are the defendant, in the other,
your are the plaintiff.  In the US, we have repeatedly demonstrated that in
court there is a huge advantage for the defendant.  Never was this more
apparent than in 1995 when the sports guy OJ Simpson was acquitted of murder
in the face of overwhelming evidence, meticulously chiseled away piece by
piece, by a highly paid and highly competent defense team.  Defendants have
a big advantage.

If you tell the SPCA or the CPS to go to a judge for a warrant, they
probably will not even bother, because judges require actual evidence.  If
you demand a warrant, you are the defendant.  If you allow the SPCA to take
your dog, or the CPS to take your children, you become the plaintiff and
they are now the defendant, which means it is YOUR burden of proof to show
that you didn't spank your kid or your pet is NOT a bulldog, or prove that
you are innocent of whatever it is they decide you did, and they may not
even tell you what it is.  That burden of proof can be very heavy.  Don't
take it up voluntarily.

My guess is the Campbells didn't know their constitutional rights.  They
were, after all, promoting a governmental system in which there are no
individual rights.  They don't strike me as rocket scientist material.
Likely the CPS coerced them into giving up their own kids.  They will be
lucky if they ever get those kids back.

spike