By Rick Oltman, May 8, 2017
The pro-illegal alien chorus is busy creating another verse in the ridiculous effort to shield those illegally in our country from the law.
California Assemblywoman Lorena Gonzalez Fletcher (D-San Diego) and State Senator Scott Wiener (D-San Francisco) have co-authored a piece of California legislation to additionally protect illegal aliens from “irrelevant” disclosure of their illegal status in court.
This bill would prohibit the inclusion of evidence of a person’s immigration status in a public court record unless the party seeking its inclusion seeks and obtains a ruling by the presiding judge at an in camera hearing that the evidence is relevant.
Now, 351.2. of the California Evidence Code, already says (as of January of this year):
(a) In a civil action for personal injury or wrongful death, evidence of a person’s immigration status shall not be admitted into evidence, nor shall discovery into a person’s immigration status be permitted.
(Added by Stats. 2016, Ch. 132, Sec. 1. Effective January 1, 2017.)
But, apparently, there needed to be some additional sanctimonial defiance added to the evidence code, and SB 785 will add to the Evidence Code:
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
And just to emphasize the anti-law enforcement attitude of California’s laws, this was included:
California’s Chief Supreme Court Justice Cantil-Sakauye has said, “Our courthouses serve as a vital forum for ensuring access to justice and protecting public safety. Courthouses should not be used as bait in the necessary enforcement of our country’s immigration laws.” By publicly airing the immigration status of individuals in our courthouses even when it is irrelevant to the trier of fact, some officers of the court are chilling participation by undocumented immigrant victims and witnesses by conveying to them that participation may lead to their deportation. Therefore, in order to immediately help protect undocumented residents of California and their ability to participate in the California justice system, it is necessary that this act take effect immediately.
All of this is, of course, just more adolescent foot stomping by the open borders, pro-illegal alien crowd in response to increased enforcement of our immigration laws.
The protections already exist. How many times in all the courtroom dramas we have watched on television for decades, have we non-barristers in the audience heard, “Objection. Relevance, your Honor?” It’s already covered.
For over 50 years Section 352 of the California Evidence Code has protected witnesses from prejudice:
- The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.
When would illegal immigration status be relevant? In one infamous case, actress Adrienne Shelly’s murderer, an illegal alien from Ecuador, confessed to police that he was afraid that he would be deported. But in California, a defense attorney could use these additions to the code to attempt to exclude the suspect’s immigration status, which was the admitted motive for killing her.
All this legislative nonsense continues to support the myth that fear of deportation thwarts law enforcement, which is not the truth, but is continually repeated by all who want to ignore our laws.
Merriam-Webster defines sanctimony as “hypocritical holiness.”
Holier than thou and excessively or hypocritically pious also apply to this latest effort to undermine America’s laws.
You have enemies? Good. That means you’ve stood up for something, sometime in your life. [Winston Churchill.]
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