atk
Member
Moderators: Sorry if this is in the wrong forum. I know you'll move it along if there's a better place
I'm interested in further discussion of the topic of rights-waiving vs. choosing to not exercize them. This conversation started in a different thread (here).
Bikeguy: Your example (choosing to pass up on a jury trial) is interesting. I think it still works within my theory. Here's why:
Choosing whether or not to exercize a right is dependant on the circumstances. Yes, you have a right to a jury trial. That right is only applicable when you are charged with a crime, at a certain time during the proceedings. This time in the proceedings is the only time during which exercizing (or not exercizing) this right is applicable.
I consider this similar to the right to self defense. We all have the right to defend ourselves. The exercizing of this right is applicable only when there is a grevious threat. If we attempt to exercize this right at a different time (such as when helping a little old lady accross the street) it is inapplicable, and makes no sense.
I'm not sure if that explaination makes sense, but it's the best I can come up with at the present.
I'm interested in further discussion of the topic of rights-waiving vs. choosing to not exercize them. This conversation started in a different thread (here).
Bikeguy: Your example (choosing to pass up on a jury trial) is interesting. I think it still works within my theory. Here's why:
Choosing whether or not to exercize a right is dependant on the circumstances. Yes, you have a right to a jury trial. That right is only applicable when you are charged with a crime, at a certain time during the proceedings. This time in the proceedings is the only time during which exercizing (or not exercizing) this right is applicable.
I consider this similar to the right to self defense. We all have the right to defend ourselves. The exercizing of this right is applicable only when there is a grevious threat. If we attempt to exercize this right at a different time (such as when helping a little old lady accross the street) it is inapplicable, and makes no sense.
I'm not sure if that explaination makes sense, but it's the best I can come up with at the present.