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Originally Posted by leatherlips
Be ignorant of your Constitutional rights, and no counsel
While a defendant has a statutory right to contact counsel, where he never requested an opportunity to contact counsel and there was nothing in the record to show that the police affirmatively interfered with any attempt by defendant to obtain counsel, he was not denied right to counsel. Svedlund v. Municipality of Anchorage, 671 P.2d 378 (Alaska Ct. App. 1983)
It is only where the totality of the arrestee's words constitute a request, express or implied, for an opportunity to contact counsel for the purpose of discussing a breathalyzer examination that an opportunity to consult counsel must be provided prior to administration of the breathalyzer. Once the breathalyzer examination is completed or fefused and videotaping finished, the suspect is entitled to the full use of the rights guaranteed by AS 12.25.150(b) and Criminal Rule 5(b). Van Wormer v. State, 699 P.2d 895 (Alaska Ct. App. 1985)
Now, hopefully with these examples, you will be able to discern that there exists two realities, one the common law in the Republic and the other one in the Roman Civil Law, i.e. the the Administrative State with some idea how to get out of the Administrative State.
In the common law, under Crime, there are basically two types of crime. I have included two pages from Bouviers Law Dictionary of 1914 three volume set on crime
You will find the following:
1 Malum in se - an act which shocks the moral sense as being grossly immoral and injurious. Black's 4th A wrong in itself; an act or case involving illegality from the very nature of the transaction, upon principles of natural, moral and public law.
2 Mala in se - Wrongs in themselves; acts morally wrong; offenses against conscience (Black's 4th) See also Boubiers.
3 Malum prohibitum - The criminality of the act or omission consists not in the simple perpetration of the act, or the neglect to perform it, but in its being a violation of a positive law. (Notice the neglect to perform some duty is for public officers- not the people!)
So, what is my point?
Well, the point is that there is no crime compelling me to do some act. Under the common law, the inability to pay a tax was not a Crime. Yes, a lien might be attached to my property, but the Homestead exemption would save my house, tools, chickens, etc.
So again in the Administrative State, I am being COMPELLED to do certain acts, which did not exist under the common law. I am compelled to have insurance, compelled to pay any individual income tax that I have a LEGAL DUTY to pay, and compelled to have a DL just to move about from one point to another.
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