28th June 2010, 6:39 PM
(This post was last modified: 28th June 2010, 6:56 PM by Dark Jaguar.)
Not exactly. That WOULD be a terrible case of justice gone bad (though it honestly sounds like a legal urban legend). A burglar held in someone's personal prison for a week before being turned in to authorities is more like it.
Darunia, I agree that this guy, as an illegal immigrant, is already committing a crime, but criminals are still allowed to seek damages when wronged. Even a robber can sue someone if they themselves later get robbed.
Think of it this way. What is the purpose of being able to sue for failure of due process? The damages are meant to serve as, if nothing else, a reminder to the court system that someone's rights can't be violated, regardless of personal bias. In this case, the illegal immigrant IS illegal, but the point must be made to the courts that regardless of their personal feelings, they can't ignore the law to punish law breakers.
The ones who dropped the ball are those that didn't heed due process in regards to this guy. THEY and they alone must explain to the people of New York why an illegal immigrant now has their tax money.
And yes, the issue of this person being deported or forced to pay back taxes so they can become a legitimate citizen does need to be addressed. It has, ht was deported (if they allowed him to become a citizen on the grounds he paid all the back taxes as well as some additional penalties, they just made that a LOT easier for him to do). That still does not excuse poor handling of their case.
...So let me ask this. Did this guy happen to break into New York a few months back and kill a bunch of mages to steal a crystal for another country? Did they agree to forgive him if he went to Mt Rushmore and completed some trial? He casts off the role of Dark Foreigner and becomes an Ameridin.
(Oh Weltall, it's Gil now, and no I have no idea how to pronounce that. Really not sure which one sounds better to me, but Gil is more imaginative so I'm probably going to go with that. That and that's what the original Japanese games going back to FF1 apparently always used.)
Darunia, I agree that this guy, as an illegal immigrant, is already committing a crime, but criminals are still allowed to seek damages when wronged. Even a robber can sue someone if they themselves later get robbed.
Think of it this way. What is the purpose of being able to sue for failure of due process? The damages are meant to serve as, if nothing else, a reminder to the court system that someone's rights can't be violated, regardless of personal bias. In this case, the illegal immigrant IS illegal, but the point must be made to the courts that regardless of their personal feelings, they can't ignore the law to punish law breakers.
The ones who dropped the ball are those that didn't heed due process in regards to this guy. THEY and they alone must explain to the people of New York why an illegal immigrant now has their tax money.
And yes, the issue of this person being deported or forced to pay back taxes so they can become a legitimate citizen does need to be addressed. It has, ht was deported (if they allowed him to become a citizen on the grounds he paid all the back taxes as well as some additional penalties, they just made that a LOT easier for him to do). That still does not excuse poor handling of their case.
...So let me ask this. Did this guy happen to break into New York a few months back and kill a bunch of mages to steal a crystal for another country? Did they agree to forgive him if he went to Mt Rushmore and completed some trial? He casts off the role of Dark Foreigner and becomes an Ameridin.
(Oh Weltall, it's Gil now, and no I have no idea how to pronounce that. Really not sure which one sounds better to me, but Gil is more imaginative so I'm probably going to go with that. That and that's what the original Japanese games going back to FF1 apparently always used.)
"On two occasions, I have been asked [by members of Parliament], 'Pray, Mr. Babbage, if you put into the machine wrong figures, will the right answers come out?' I am not able to rightly apprehend the kind of confusion of ideas that could provoke such a question." ~ Charles Babbage (1791-1871)