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-   -   Judges order (https://www.askmehelpdesk.com/showthread.php?t=133316)

  • Oct 8, 2007, 01:32 PM
    this8384
    Quote:

    Originally Posted by excon
    Hello this:

    You'll have to show me the law that gives them that right.

    In fact, you can't - because a judge doesn't have that right at all. Rights are derived from the Constitution or the law. That's it - nowhere else. They're not made up as you made up this right.

    So where is the law stating he can't order her to work?

    Quote:

    Originally Posted by excon
    I'll repeat my earlier post. If you actually read a law, you would find that the legislature (whose job is to MAKE law), wrote as part of the law, what happens to people who violate it. The sanctions are listed. A judge, once the finding of guilt has occurred in a criminal case, can sentence a defendant to ONLY what the listed sanctions are - nothing more. A defendant can't get life in the slam for smoking a joint because a judge wants him to. That doesn't happen here.

    That's being a little dramatic. Telling someone to get off their butt and pay their debt is not even close to life in prison. She did something wrong and this is her consequence. The punishment fits the crime.

    Quote:

    Originally Posted by excon
    In a civil case, however, a judge can only render a judgment for the aggrieved party. He can't help the aggrieved party collect. Let me say that again - he can't help the aggrieved party collect. Debtor's prison along with stocks and other public humiliations have been outlawed. We DID do them. We don't anymore.

    You don't know what the circumstances are. This might be this woman's 4th time back in court because she agrees to make payments and then breaks the agreement. Maybe the judge got pissed off because he has to keep hearing the same thing over and over so he finally ordered her to get a job.
    Furthermore, having to get a job is not public humiliation. I've worked since I was 15 years old and damn proud of it. I'd be much more humiliated to tell people that I'm 50 years old and never had a job.

    Quote:

    Originally Posted by excon
    Do not confuse the above with child support enforcement. In those cases, a judge may order a person to pay, and if he doesn't, he can be held in civil contempt of court and be put in jail.

    I'm failing to see the difference. You owe money? You pay it back. That's the bottom line.

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