The Philosophy of Tao Te Ching
(Useful information for the Warrior - Trial Lawyer - Advocacy Skills - Self -Control & Knowledge)
Chapter 43
The softest thing in the world dashes against and overcomes the hardest; that which has no (substantial) existence enters where there is no crevice. I know hereby what advantage belongs to doing nothing (with a purpose). There are few in the world who attain to the teaching without words, and the advantage arising from non-action.
Chapter 56
He who knows (the Tao) does not (care to) speak (about it); he who is (ever ready to) speak about it does not know it. He (who knows it) will keep his mouth shut and close the portals (of his nostrils). He will blunt his sharp points and unravel the complications of things; he will attemper his brightness, and bring himself into agreement with the obscurity (of others). This is called 'the Mysterious Agreement.' (Such an one) cannot be treated familiarly or distantly; he is beyond all consideration of profit or injury; of nobility or meanness:--he is the noblest man under heaven.
Chapter 57
A state may be ruled by (measures of) correction; weapons of war may be used with crafty dexterity; (but) the kingdom is made one's own (only) by freedom from action and purpose. How do I know that it is so? By these facts:--In the kingdom the multiplication of prohibitive enactments increases the poverty of the people; the more implements to add to their profit that the people have, the greater disorder is there in the state and clan; the more acts of crafty dexterity that men possess, the more do strange contrivances appear; the more display there is of legislation, the more thieves and robbers there are. Therefore a sage has said, 'I will do nothing (of purpose), and the people will be transformed of themselves; I will be fond of keeping still, and the people will of themselves become correct. I will take no trouble about it, and the people will of themselves become rich; I will manifest no ambition, and the people will of themselves attain to the primitive simplicity.'
Chapter 58
The government that seems the most unwise,
Oft goodness to the people best supplies;
That which is meddling, touching everything,
Will work but ill, and disappointment bring.
Misery!--happiness is to be found by its side!
Happiness!--misery lurks beneath it! Who knows what either will come to in the end?
Shall we then dispense with correction? The (method of) correction shall by a turn become distortion, and the good in it shall by a turn become evil.
The delusion of the people (on this point) has indeed subsisted for a long time. Therefore the sage is (like) a square which cuts no one (with itsangles); (like) a corner which injures no one (with its sharpness). He is straightforward, but allows himself no license; he is bright, but does not dazzle.
Chapter 65
The ancients who showed their skill in practising the Tao did so, not to enlighten the people, but rather to make them simple and ignorant. The difficulty in governing the people arises from their having much knowledge. He who (tries to) govern a state by his wisdom is a scourge to it; while he who does not (try to) do so is a blessing. He who knows these two things finds in them also his model andrule. Ability to know this model and rule constitutes what we call the mysterious excellence (of a governor). Deep and far-reaching is such mysterious excellence, showing indeed its possessor as opposite to others, but leading them to a great conformity to him.
Chapter 15
The skilful masters (of the Tao) in old times, with a subtle and exquisite penetration, comprehended its mysteries, and were deep (also) so as to elude men's knowledge. As they were thus beyond men's knowledge, I will make an effort to describe of what sort they appeared to be. Shrinking looked they like those who wade through a stream in winter; irresolute like those who are afraid of all around them; grave like a guest (in awe of his host); evanescent like ice that is melting away; unpretentious like wood that has not been fashioned into anything; vacant like a valley, and dull like muddy water. Who can (make) the muddy water (clear)? Let it be still, and it will gradually become clear. Who can secure the condition of rest? Let movement go on, and the condition of rest will gradually arise. They who preserve this method of the Tao do not wish to be full (of themselves). It is through their not being full of themselves that they can afford to seem worn and not appear new and complete.
Chapter 78
There is nothing in the world more soft and weak than water, and yet for attacking things that are firm and strong there is nothing that can take precedence of it;--for there is nothing (so effectual) for which it can be changed. Every one in the world knows that the soft overcomes the hard, and the weak the strong, but no one is able to carry it out in practice. Therefore a sage has said, 'He who accepts his state's reproach,
Is hailed therefore its altars' lord;
To him who bears men's direful woes
They all the name of King accord.
'Words that are strictly true seem to be paradoxical.
Chapter 76
Man at his birth is supple and weak; at his death, firm and strong. (So it is with) all things. Trees and plants, in their early growth, are soft and brittle; at their death, dry and withered. Thus it is that firmness and strength are the concomitants of death; softness and weakness, the concomitants of life. Hence he who (relies on) the strength of his forces does not conquer; and a tree which is strong will fill the out-stretched arms, (and thereby invites the feller.) Therefore the place of what is firm and strong is below, and that of what is soft and weak is above.
Chapter 71
To know and yet (think) we do not know is the highest(attainment); not to know (and yet think) we do know is a disease. It is simply by being pained at (the thought of) having this disease that we are preserved from it. The sage has not the disease. He knows the pain that would be inseparable from it, and therefore he does not have it.
Chapter 69
A master of the art of war has said, 'I do not dare to be the host (to commence the war); I prefer to be the guest (to act on the defensive). I do not dare to advance an inch; I prefer to retire afoot.' This is called marshalling the ranks where there are no ranks; baring the arms (to fight) where there are no arms to bare; grasping the weapon where there is no weapon to grasp; advancing against the enemy where there is no enemy. There is no calamity greater than lightly engaging in war. To do that is near losing (the gentleness) which is so precious. Thus it is that when opposing weapons are (actually) crossed, he who deplores (the situation) conquers.
Philosophy of Tao Te Ching - Useful Information for the Warrior - Lawyers Advocacy Skills
The Art of Advocacy is Like the Art of War --- The Lawyer as Warrior - Defender
The Lawyer as Warrior - Defender --- By Glen R. Graham, Attorney at Law, Tulsa, Oklahoma, over 20 years of experience (See also: http://www.glenrgraham.com/)
There is a big difference between a lawyer who is a warrior and a defender and a lawyer who is merely a businessman. An experienced trial lawyer does not fear a jury trial because he knows he was made and trained to do battle and he is not in it just for the money. A businessman is solely concerned with the bottom line which is how much money can I get for trying this case. A warrior - trial lawyer lives for the battle. He has been trained and it is as if everything he has done has lead up to the battle. A warrior's heart, he lives for the battle. No retreat, no surrender. He holds his clients life in his hands. Freedom or prison, it all depends upon the out-come of this trial. Preparation is everything. Planning, gathering the evidence, preparing for cross-examination. It is real work. A defender of the civil rights and the constitution and the humanity of mankind. It is an adversary system. Everything, everything depends upon how well the lawyer does his/her job. YOU can only be free to the extent that others are free.
The art of advocacy is in some sense like the art of war.
If you want to read some good Asian philosophy, take a look at "The Art of War by Sun Tzu.
Under chapter one, "Laying Plans," Sun Tzu says:
"All warfare is based on deception. Hence, when able to attack, we must seem unable; when using our forces, we must seem inactive; when we are near, we must make the enemy believe we are far away; when far away, we must make him believe we are near. Hold out baits to entice the enemy. Feign disorder, and crush him. If he is secure at all points, be prepared for him. If he is in superior strength, evade him. If your opponent is of choleric temper, seek to irritate him. Pretend to be weak, that he may grow arrogant. If he is taking his ease, give him no rest. If his forces are united, separate them. Attack him where he is unprepared, appear where you are not expected."
"The general who wins a battle makes many calculations in his temple before the battle is fought. The general who loses a battle makes but few calculations before hand. Thus do many calculations lead to victory, and few calculations to defeat; how much more no calculation at all! It is by attention to this point that I can foresee who is likely to win or lose." - Sun Tzu
Yours in the Defense of Fellow Human Beings,
Glen R. Graham, Attorney at Law, Tulsa, Oklahoma
http://www.glenrgraham.com
Oklahoma Law Expungements and Sealing the Criminal Record
Explanation of the Oklahoma Laws about Expungements and Sealing the Record and “Deferred Sentences”
by Glen R. Graham, Attorney at Law
My Web Page: http://www.glenrgraham.com
(Ghandi says YOU must be the change you want to see in the world.)
My heart cries for the pain of all of the people who are trying to start over and trying to get a good job only to be told by some "human resources" person that we found someone else. They almost never tell you that it is because you have an "arrest" record, but they simply say they found "someone else" more "qualified. Many, many times over the last 20 years people are calling me saying can I get my arrest record expunged and most of the time the answer is "no." But, if you will take the time to write you "state representative" in the Oklahoma legislature and if you seek a lobby or get organized by passing a petition to change the law, then yeah, the law can be changed.
You really must be the change in the world you want to see.
Voting is only a small part of the formula but a very important part.
Lobbying and getting actively involved in supporting your candidate and writing letters to the editor and being a spokes person for "good" is something that the world and your community desperately needs.
So, you are just one person.
One person can change the world. Jesus, Ghandi, Martin Luther King, etc. For conservatives: Ronald Reagan, Alan Greenspan, Dwight D. Eisenhower, William F. Buckley, etc.
You must get involved, write letters, speak out for good. Lobby, organize, let your state representative know who you are.
Set up an appointment to talk to your state representative. Show support. Get involved in their campaign. Let them know who you are.
Go to church, a church of your choice. Organize. Meet people. Get involved.
You might be surprised how many small business people have some kind of minor criminal conviction or record or the like.
Start a small business - become your own boss.
Go back to school. Go to vo-tech and learn a trade. Some only take about 6 months. Get on the fast track.
Making an isolated mistake in life should not make you labeled a "criminal" for the rest of your life. How come the laws in Oklahoma fail to recognize this fact? What can you do to help us change this unfair law? A person should be able to get their arrest record expunged upon completion of a "deferred" sentence automatically. Lobby your legislature and write a letter to your representative.
Most politicians have email addresses and you should be able to email their office. You would have more influence if you scheduled an appointment to discuss the matter with them and if you got actively involved in their campaigns so they know you on a first name basis. Politicians are sensitive to the public and to respectible people who engage them in issues important in their lives. People are embarrassed to admit they have a criminal record and that the law needs to be changed. Most people have made some mistake in their life even if they did not get a criminal record or get arrested and prosecuted for their mistake. To err is human. Whether the error constitutes a permanent criminal record depends upon the circumstances.
YOU CAN MAKE A DIFFERENCE.
LIVE YOUR LIFE SO THAT YOU ARE MISSED WHEN YOU ARE GONE!!!
by Glen R. Graham, Attorney at Law , web page: http://www.glenrgraham.com/
The Oklahoma laws governing a deferred sentence are set forth in the Oklahoma Statutes in title 22 O.S. § 18 and 19. A deferred sentence is not considered a conviction under the law. At the end of a deferred sentence, if the defendant is “successful” then the “conviction” is “expunged” but the person still has an “arrest” record which is not “expunged.”
Any employer or anyone else doing a record check will still show an “arrest” and some people may refuse to hire you because of an arrest record. Some people are “fair” and some people are not “fair.” If your case was dismissed, it is not fair for someone to use it against you but some people will use it against you but not tell you. In dealing with employment applications, you may want to list it as an “arrest” and explain that it was “dismissed” because the employer will find out about “arrest” records and if you fail to list an arrest then some people may think you are not being "honest" even though you were not convicted.
The statutory laws for Title 22 O.S. Section 18 and Section 19 may be located on the web by doing a "search" or by going to one of the many web sites that show the statutory laws for Oklahoma such as http://www.oscn.net/ then click on "Legal Research" at the top of that web site and locate Title 22 O.S. Section 18 and Section 19.
Can an arrest record be sealed or taken out of the public records? Only if certain specific statutory requirements are met. Is this fair? Probably not. Can it be changed? Yes, with the stroke of an ink pen the state legislature can pass a new law. Is this likely to happen? No. Currently laws are passed or changed when there is political pressure for change by some political action group, lobbyists, people with money, some moral pressure group that actually votes and lobby’s legislatures to change laws. Isn't it true that most politicians running slogans of being “tough” on crime? Statistics are that less than 50 % of the public votes. There is no lobbying group that is putting pressure on legislatures to pass laws that allows “arrest” records to be “sealed.”
Currently, hereinafter are listed the main reasons to grant a sealing of the criminal “arrest” record (even though a deferred sentence) may or may not have been completed pursuant to 22 O.S. §18 and 19, see the following:
(1) The current law allows an “arrest” record to be sealed if the case is dismissed less than one (1) year from the date of arrest and if the prosecutor does not object or have a good public policy objection. Currently, the deferred sentences offered by prosecutors are never less than one (1) year from the date of arrest.
(2) If the case is dismissed before trial (without pleading guilty) or acquitted at jury trial, then the defendant can hire a lawyer and pay court costs to file a petition to seal the “arrest” record. The prosecutor may object and it would be up to a Judge to decide whether to grant an order sealing the “arrest” record or not but the Judge must follow the statutory and case law.
(3) If the case is a misdemeanor offense and results in a conviction, then the statute says after ten (10) years the defendant can file a petition to seal/expunge the arrest record if there are no other convictions and no pending cases.
(4) If the case is a non-violent felony offense and results in a conviction, then the statute says that the defendant can petition the Governor for a “pardon” ten (10) years after the date of the conviction if there are no other convictions and no pending cases and then file a petition to seal/expunge. But, that means you have to wait a whole ten (10) years to obtain a “pardon.” Then after the pardon is granted you can hire a lawyer to file a petition to seal the “arrest” record and pay court costs to try to do so.
To “seal” an arrest record, 22 O.S. §18 mandates that a defendant satisfy at least one of eight criteria, in order to seal an “arrest record.” The requirements under §18 include:
A. The defendant was acquitted; or
B. The conviction was reversed with instructions to dismiss or the prosecutorial agency dismissed the case after such reversal; or
C. The statute of limitations on the offense expired and no charges were filed; or
D. The defendant was under eighteen at the time the crime was committed and has been pardoned; or
E. The offense was a misdemeanor, the person has no other convictions and no pending cases, and at least ten years have passed since the judgment was entered; or,
F. The offense was a non-violent felony as defined in Title 57 O.S. §571, the person has no other convictions or pending cases, the person has been pardoned, and at least ten years have passed since the conviction.
Statute Authorizes Defendant to Request Disposition in Jurisdiction Where Arrested
This Oklahoma statute authorizes a defendant to request disposition in the State and County where the arrest occurred instead of the location where offense occurred subject to agreement of both prosecutors. See 22 O.S. Sec. 1145.4 and 1145.6.
Uniform Disposition of Criminal Cases on the Merits Act
22 O.S. § Section 1145.4 - Disposal of Criminal Charge at Request of Defendant
On request of the defendant and consent of the prosecuting attorney in the demanding state and the prosecuting attorney in the asylum state, the trial court of general jurisdiction or such other court having appropriate jurisdiction in the asylum state may dispose of the offense or offenses set out in the complaint, indictment or information or other equivalent pleading of the demanding state, and an exemplified copy of the judgment of the asylum state shall constitute a judgment on the merits when filed in the case in the courts of the demanding state.
Uniform Disposition of Criminal Cases on the Merits Act
22 O.S. § 1145.6 - Procedures, Rules and Regulations
A. A defendant arrested or held in a state or district other than that in which the indictment or information is pending against him may state in writing that he wishes to plead guilty, to waive trial in the district in which the indictment or information is pending and to consent to disposition of the case in the jurisdiction or district in which he was arrested or is held, subject to the approval of the prosecuting attorney for each jurisdiction. Upon receipt of the defendant's statement and of the written approval of the prosecuting attorneys, the clerk of the court in which the indictment or information is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the jurisdiction in which the defendant is held and the prosecution shall continue in that jurisdiction.
B. A defendant arrested on a warrant issued upon a complaint in a jurisdiction other than the county, parish or district of arrest may state in writing that he wishes to plead guilty to waive trial in the jurisdiction in which the warrant was issued and to consent to disposition of the case in the jurisdiction in which he was arrested, subject to the approval of the prosecuting attorney for each jurisdiction. Upon receipt of the defendant's statement and of the written approval of the prosecuting attorneys, the court of limited jurisdiction shall certify and transmit the records in the case to the court of general jurisdiction, and, upon the filing of an information or the return of an indictment, the clerk of the court for the jurisdiction or district in which the warrant was issued shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the jurisdiction or district in which the defendant was arrested and the prosecution shall continue in that jurisdiction or district. When the defendant is brought before the court to plead to an information filed in the jurisdiction or district where the warrant was issued, he may at that time waive indictment and the prosecution may continue based upon the information originally filed.
C. A juvenile who is arrested or held in a jurisdiction or district other than that in which he is alleged to have committed an act in violation of a law of a state or of the United States not punishable by death or life imprisonment may, after he has been advised by counsel and with the approval of the court and the prosecuting attorney, consent to be proceeded against as a juvenile delinquent in the jurisdiction or district in which he is arrested or held. The consent shall be given in writing before the court but only after the court has apprised the juvenile of his rights, including the right to be returned to the jurisdiction or district in which he is alleged to have committed the act, and of the consequences of such consent.
D. For the purpose of initiating a transfer under this rule a person who appears in response to a summons shall be treated as if he had been arrested on a warrant in the jurisdiction or district of such appearance.
Refusal to Allow Defense Witness to Testify may Violate 6th Amend
http://www.state.ok.us/~oids/coca/FavorsD.pdf
State v. Favors, DeAngelo, COCA Case No. S-2005-1067 (August 18, 2006)
(Evidence, General; Sixth Amendment)
Because the defense was denied opportunity to fully confront victim’s testimony at preliminary hearing, trial court properly precluded use of that prior recorded testimony at a later proceeding. Defense was denied the opportunity to examine a defense witness on the record a preliminary hearing.
