|View single post by Joe Kelley|
|Posted: Fri Nov 29th, 2019 02:18 pm||
The Conviction Factory, The Collapse of American's Criminal Courts, Roger Roots
"For decades before and after the Revolution, the adjudication of criminals in America was governed primarily by the rule of private prosecution: (1) victims of serious crimes approached a community grand jury, (2) the grand jury investigated the matter and issued an indictment only if it concluded that a crime should be charged, and (3) the victim himself or his representative (generally an attorney but sometimes a state attorney general) prosecuted the defendant before a petit jury of twelve men. Criminal actions were only a step away from civil actions - the only material difference being that criminal claims ostensibly involved an interest of the public at large as well as the victim. Private prosecutors acted under authority of the people and in the name of the state - but for their own vindication. The very term "prosecutor" meant criminal plaintiff and implied a private person. A government prosecutor was referred to as an attorney general and was a rare phenomenon in criminal cases at the time of the nation's founding. When a private individual prosecuted an action in the name of the state, the attorney general was required to allow the prosecutor to use his name - even if the attorney general himself did not approve of the action.
Private prosecution meant that criminal cases were for the most part limited by the need of crime victims for vindication. Crime victims held the keys to a potential defendant's fate and often negotiated the settlement of criminal cases. After a case was initiated in the name of the people, however, private prosecutors were prohibited from withdrawing the action pursuant to private agreement with the defendant. Court intervention was occasionally required to compel injured crime victims to appear against offenders in court and "not to make bargains to allow [defendants] to escape conviction, if they...repair the injury."
Plea-bargaining is voluntary when no other people are threatened by the offender, but involuntary when the potential for injury yet to be done by the offender is bought off by a private person, which then allows the offender to run amok in the playground. Those who bribe the offender to use their Profitable Monopoly instead of actual Law are accessories to any crimes yet to be done by the offender who is then let loose on the general public.
The police powers were the powers to clean up like a janitor: Police the Area was a common janitorial duty up until - at least - the Korean War as told by my Father; a veteran of that War.
The Corporate Police Employee, now known commonly as LEO, is employed by shareholders to protect the limited liability of the shareholders: to serve and protect the Legal Fiction.
It is a fraud that started in 1787 in America, to replace The People (one group without factions) living in Liberty and investing in a Voluntary Association for Mutual Defense (a federation of independent states) - to replace actual law - with counterfeit law powers: moving power from the people as a whole, and moving power to a faction.
As informative as is the book by Roger Roots, he apparently (I have not yet finished the book) missed the original crime when the false Federalist Party criminals perpetrated the obvious - confessed - fraud on the American people.
If the question asked is "How to return to rule of law in America (voluntary association for mutual defense), then the book by Roger Roots is a piece in the puzzle, a piece that someone might pick up, peruse, and then see the whole picture for the first time, rather than randomly fitting puzzle pieces into a (so-far) futile attempt to see the whole picture.
My next offering of data will be tomorrow if things go according to plan, and I will post an example of "Police Powers" as they are being exemplified routinely in America these days. Then my plan is to show those same Police Powers at work in what was called The Last Battle of the Revolutionary War: a key piece in the puzzle.