Skip to main content

View Diary: Limbaugh joins with Beck to attack Harris-Perry, who is markedly unimpressed. (138 comments)

Comment Preferences

  •  Children in the U.S. are legally the (6+ / 0-)

    property of their parents. When the state proposes to "take" them, as if by eminent domain, the parents are entitled to legal representation, although children who are accused of a crime are not, unless there's a prospect that they will be deprived of their liberty after they reach the age of emancipation. That's why, if the crime they are accused of is very serious, children are treated as if they were adults in adult court, not the juvenile justice system. The juvenile justice system does not provide children with lawyers. At best, they get guardians ad litem, volunteers whose training is minimal.
    That children are the property of their parents is dear to the hearts of the regressives. From the founding, property rights have always trumped human rights and, having made that bargain -- to cede their own rights in exchange for being able to own someone else -- the regressives are not willing to give that up.
    Involuntary servitude was not an anomaly. It was/is the condition in which all juveniles exist until they are emancipated either by age or judicial decree. And then, if they are male, the U.S. insists that they register for involuntary servitude in the event of military need.
    Involuntary servitude, the echo of slavery, also persists as punishment for crime.

    Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
    See that "except"? That's what makes the U.S. exceptional. There's always an exception. Even the first ten amendments are full of exceptions. That's what warrants do -- provide for exceptions.
    Indefinite detention, btw, does not qualify as slavery or servitude. Which explains Guantanamo.

    We organize governments to deliver services and prevent abuse.

    by hannah on Tue Apr 09, 2013 at 04:10:04 PM PDT

    •  Disagree with your first paragraph (2+ / 0-)
      Recommended by:
      elwior, SoCaliana

      I'm a lawyer who represents juveniles in the juvenile justice system for infractions as minimal as petty theft and disorderly conduct. If a liberty interest is affected (commitment to youth detention), a child is entitled to a lawyer.  If the infraction involves an offense against a family member, such as domestic violence, the child is also entitled to a guardian ad litem.  

      That which you manifest is before you - Enzo: "The Art of Racing in the Rain"

      by StateofEuphoria on Wed Apr 10, 2013 at 06:12:53 AM PDT

      [ Parent ]

      •  It probably depends on the state in which the (2+ / 0-)
        Recommended by:
        elwior, SoCaliana

        child resides.
        Also, there may have been changes in the law since I was a guardian over twenty years ago.

        We organize governments to deliver services and prevent abuse.

        by hannah on Wed Apr 10, 2013 at 07:44:01 AM PDT

        [ Parent ]

Subscribe or Donate to support Daily Kos.

  • Recommended (125)
  • Community (58)
  • 2016 (50)
  • Environment (38)
  • Elections (36)
  • Media (34)
  • Republicans (32)
  • Hillary Clinton (30)
  • Law (29)
  • Jeb Bush (28)
  • Culture (27)
  • Barack Obama (26)
  • Trans-Pacific Partnership (25)
  • Iraq (25)
  • Civil Rights (24)
  • Climate Change (23)
  • Economy (19)
  • Labor (19)
  • LGBT (16)
  • Congress (15)
  • Click here for the mobile view of the site