Civics 101- Gael Mueller
Sandy Nichols
introduced Ms. Gael Mueller: she graduated from San Diego State with a Bachelor's degree in 1981; received her law degree from McGeorge School of Law in 1985; worked 15 years as a public defender for Kern County; and, has six years of private practice exclusive to criminal defense.
Ms. Mueller began her talk by relating 44 years ago her father took her to Washington DC where they visited the Capitol Senate chambers and she observed the vote for the 1964 Civil Rights Act, a historical event; and, now, just last night, Barrack Obama, the first black man elected to become the country's president. This event was accomplished smoothly, without riots, disorder in the streets, no gun fire and it speaks well for the unique democratic process that occurs in the United States of America. We should all be proud.
Her presentation, titled Civics 101, started with the question, "Did you know that Civics, per se, is no longer taught in our schools? It is somewhat integrated in other courses; we no longer teach our children why we are the great country that we are. She related some of her experiences teaching underprivileged children, some of whom could not speak a word of English; but, with earl help, they became successful people later on in their lives.
Ms. Mueller then directed our attention to the provisions of the 4th, 5th and 6th amendments to our Constitution focusing on the rights of all people, regardless of race, color of hair, tattoos, economic situation, etc., have the right to be protected; and, equal justice under the law. After an initial arrest for allegedly committing a crime, a person must, within 48 hours, be either arraigned or released. Within two days, a pre preliminary hearing is to be held where prosecutor, defense attorney, the arraigned person meet for the first time to become acquainted, review the file, whatever is there at the time. This is followed by the preliminary hearing where deals are made based upon the crime and other circumstances and where probable cause is found.
Next are the trial readiness and finally the trial, if it gets that far.
The government has no right to disturb you unless they have a warrant or there is probable cause where there is not a reasonable expectation of privacy. You also have the right not to be a witness against yourself, the 5th amendment provision. As a defense attorney, Ms. Mueller said one of her biggest problems is to remind her clients that they don't have to talk and sometimes she politely suggests that they "Shut Up!" The 6th Amendment gives everyone the right to have an attorney and thus was created the Public Defender's office. A question came from the audience about "victim's rights, equal justice under the law", a complicated and interesting issue, she said, and she was willing to discuss it more after the meeting.
Thank you, Ms. Mueller, for a great Civics 101 lesson. Well done!