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View Diary: BREAKING!! Chertoff's home cleaned by ... illegal immigrants! (217 comments)

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  •  detention = illegal (0+ / 0-)

    it's like the bank robbing thingy

    detention raises the stakes

    I keep tryin to splain to people that you cannot be detained under the legal standards required for a civil violation

    for a civil violation, the standard of guilt is "a reasonable argument"

    for a criminal violation, the standard is "Beyond A Reasonable Doubt"

    a person can't be detained on the standard of a civil violation, so if you are detained on a civil violation, you are being held on a criminal standard for the purposes of adjudicating your case. Bail can be required (or, as in most immigrant cases, denied)

    so Illegal immigrants are held as criminal suspects, for all intents and purposes, but their cases can be tried as a civil matter, so the courts don't get clogged up with thousands of immigrant cases

    it's a weird legal loophole, but trust me, I've experienced it

    and as to the international laws and stuff, in all my court room experience (mostly as a defendant), I've never seen it mentioned. And I've been forced to sit thru more than a few deportation proceedings

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