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 Posted: Fri Dec 22nd, 2017 12:44 pm
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Joe Kelley
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"THE GRAND JURY originated in England as the accusing body in the administration of criminal justice. At the Assize of Clarendon, in 1166, Henry II provided that twelve knights or twelve "good and lawful men" of every hundred and four lawful men of every vill disclose under oath the names of those in the community believed guilty of criminal offenses. Members of this inquisitorial body were obliged to present to the judge sworn accusations against all suspected offenders. Unlike petit juries, grand juries were not to pass upon guilt or innocence but were to decide only whether an individual should be brought to trial. At first all accusations originated with the members of the inquest themselves, but gradually the juries came to consider accusations made by outsiders as well. The jurors then heard only witnesses against the accused and, if they were convinced that there were grounds for trial, indicted him. They also passed upon indictments laid before them by crown prosecutors, returning a "true bill" if they found the accusation true or "no bill" if they found it false. However, the juries never lost their power to accuse on their own knowledge. This they did by making a presentment to the court. The presentment represented an accusation on the jury's own initiative while an indictment represented a charge that originated outside the membership. Under their power of presentment English grand juries could and did investigate any mater that appeared to them to involve a violation of the law."


https://scannedretina.files.wordpress.com/2014/01/the_peoples_panel_rotated.pdf

The People's Panel
The Grand Jury in the United States, 1634 - 1941
Richard D. Younger

Page 3

"They proved their effectiveness during the Colonial and Revolutionary periods in helping the colonists resist imperial interference. They provided a similar source of strength against outside pressure in the territories of the western United States, in the subject South following the Civil War, and in Mormon Utah. They frequently proved the only effective weapon against organized crime, malfeasance in office, and corruption in high places.

But appreciation of the value of grand juries was always greater in times of crisis, and, during periods when threats to individual liberty were less obvious, legal reformers, efficiency experts, and a few who feared government by the people worked diligently to overthrow the institution. Proponents of the system, relying heavily on the democratic nature of the people's panel, on its role as a focal point for the expression of the public needs and the opportunity provided the individual citizen for direct participation in the enforcement of law, fought a losing battle. Opponents of the system leveled charges of inefficiency and tyranny against the panels of citizen investigators and pictured them as outmoded and expensive relics of the past. Charges of "star chamber" and "secret inquisition" helped discredit the institution in the eyes of the American people, and the crusade to abolish the grand jury, under the guise of bringing economy and efficiency to local government, succeeded in many states.


Page 8

The grand jury system of Connecticut developed on different lines than those of Massachusetts and Plymouth. From the earliest period the colony made use of the "information," a written accusation filed in the court by a prosecuting officer acting under oath; juries confined themselves almost entirely to capital cases; and the town meetings did not elect jurors. In 1643, an order of the General Court provided for the first grand jury required the clerk of the General Court to "warn" twelve men to appear at each September session.


There are:

Presentments
Indictments
True Bills
No Bills
Informations

__________________________________
Page 4:

Grand juries, on the other hand, could issue their own subpoenas for witnesses for contempt and bring perjury charges against those who refused to tell the truth.


Pages 14,15

When English rule began in 1664, the English proprietor, the Duke of York, made provision neither for the grand jury nor for a representative assembly. The first grand inquest to convene in New York attended the Provincial Court of Assize in 1681 in the reason case of William Dyer. The jury indicted Dyer for treason and charged that as customs collector he had imposed unlawful customs duties and had used troops to enforce his unlawful practices. The grand jurors also took this occasion to present "the great, manifold and insupportable grievances under which the province still doth groan." They petitioned the proprietor to remedy the situation by giving the colony a elected assembly. The Court of Assize sent their petition to Duke and he granted New York a representative assembly. IN 1683, at its first session, the new assembly enacted the "Charter of Liberties and Privileges," which included a guarantee of the right to indictment in all capital or criminal cases. Upon his accession to the throne the Duke disallowed the Charter and abolished the assembly, but these actions had little effect upon the grand jury in the colony. It was already in operation and it remained as a regular part of the judicial machinery without any suggestion that it be abolished. Furthermore, it the absence of a representative assembly the powers of the grand juries were gradually expanded. Partly because of the lack of an efficient police system, but partly also because of a desire on the part of the colonists to extend their control over the government, the practice of indicting upon the information of a prosecuting officer eventually disappeared.

Pages 16

The constitution of the Carolinas, like that of Pennsylvania, made specific provision for grand juries. However, the elaborate and artificial Fundamental Constitutions written by John Locke also included a property qualification. In keeping with his attempt to establish a feudal aristocracy, Locke restricted grand jury service in the precinct courts to persons holding fifty acres of land and in the county and provincial courts to persons owning at least three hundred acres. Early presentments in the Carolinas followed the same pattern as those in the other colonies. In addition to indictments for various crimes and misdemeanors, the juries took an active part in local government.

Pages 17

As colonial towns grew and were incorporated, the grand jury became an instrument for popular participation in municipal as well as in county and provincial government. Grand juries operated in conjunction with the local borough courts of incorporated towns. The powers of these courts varied, but they often exercised criminal jurisdiction equal to that of the county courts. Such municipal courts constituted one of the most valuable privileged associated with incorporation, but when no municipal corporation existed, the county or provincial grand juries often turned their attention to city problems and furnished a means of agitating for municipal reforms. Through their presentments grand juries served to arouse public opinion to the need for reforms, and occasionally they managed to stir public officials to action. In some areas towns could be prosecuted upon the presentment of a grand jury. Just such a threat inspired the Boston town meeting to vote a thousand pounds for the repair of streets which the jurors had presented as being "in a ruinous condition."

In some areas towns could be prosecuted upon the presentment of a grand jury.

Page 20:

In 1769, the "regulators" of Rowan County, North Carolina found the local grand jury packed against them when they attempted to bring local officials to trial for charging exorbitant fees. Only three men on the panel were not officers of the government. In March, 1771, Governor William Tryon adjourned the Superior Court of North Carolina because he was dissatisfied with the temper of the grand jury. He directed sheriffs to select as jurymen "only gentlemen of the first rank, property and probity." The resulting grand jury returned sixty-two indictments against the regulators for violating the riot act. Following this, the hand-picked jurors signed the "association" agreeing to support the government and accepted the governor's offer to accompany an armed force to crush the regulators.

Page 21:

In 1682, John Somers, Lord Chancellor of England, wrote a tract entitled The Security of Englishmen's Lives or the Trust, Power and Duty of Grand Juries of England. Lord Somers hailed the grand jury as the only security against malicious prosecution by the government and denied the courts could "magisterially impose their opinions upon the jury." He construed the powers of grand juries very broadly and emphasized that they were not restricted to those matters given them in charge by the judge, but could extend their inquiry to "all other matters which come to their knowledge." Henry Care's English Liberties or Free Born Subject's Inheritance was published in 1698. It emphasized the importance of maintaining the independence of inquests from judicial interference.

Pages 22

Colonists in Georgia, lacking a representative assembly found a substitute in the grand jury and made a series of attempts to use the inquest as a means of airing their grievances against the trustees and their representatives. As early as 1737 a jury protested against the keeper of the trustee's store and complained that the lack of servants prevented proper cultivation of the land. The jurors urged the granting of larger tracts of land and the legalization of the ownership of Negro slaves.

Pages 22, 23, 24

Colonists in Georgia, lacking a representative assembly found a substitute in the grand jury and made a series of attempts to use the inquest as a means of airing their grievances against the trustees and their representatives. As early as 1737 a jury protested against the keeper of the trustee's store and complained that the lack of servants prevented proper cultivation of the land. The jurors urged the granting of larger tracts of land and the legalization of the ownership of Negro slaves. In the following year several members of the grand jury claimed the power to administer general oaths and to inquire into any matter they saw fit. The court denied this power, and Colonel William Stephens, Secretary to the Trustees, declared that such an oath was contrary to English usage. While waiting for a decision from the trustees in England on the matter, the justice adjourned the court for six weeks "in order to have as little to do as possible with grand jurors." Stephens confided to his journal the belief that "a few malcontents" had started the whole mater in order to take control of the government. The trustees decided that the grand juries of the Georgia could require witnesses to take only an oath to testify about particular crimes. Stephens wrote elatedly to the trustees that their decision "would put a happy end to the matter of grand juries."

Colonel Stephens' optimism was ill-founded. In the next year the grand jury again brought up the subject of a general oath, but finally agreed to abide by he ruling of the trustees. In July, 1741, however, the jurors were not as easily persuaded. Led by their foreman, Robert Williams, who had also been foreman of the 1738 grand jury, a majority of the jurymen opposed the policies of the trustees. They proceeded to administer a general oath to all persons they called before them and did not tell the witnesses upon what matters the grand inquest would examine them. Stephens, now president of Savannah County, suspected that the action of the grand jury "tended to no good end" and refused to go before it. He had no desire to allow the jury to engage in a "fishing expedition" at his expense. The jurors presented Stephens for ignoring their summons and in the same return indicted Richard Kent, the justice of the peace for the Indian Nations, for illegally forcing persons to enter into recognizances with him. The jurymen interrogated other witnesses regarding the disposition of the sums of money the trustees had sent to the colony and demanded that officials make a full accounting for such funds. At this point, the court instructed the jurors that they could not compel persons to come before them to be examined under an general oath. Several members of the panel "grew very warm and clamorous" when they heard the court's instructions and in the argument that ensued claimed loudly that all grand juries enjoyed the right of sending for and examining under oath whomsoever they pleased, touching what matters they saw fit. After a heated debate between the bench and the jurors, the judge dismissed the grand jury and adjourned the court.

Undaunted, the panel retired to a private residence and sought the legal opinion of Sir Richard Everard. Sir Richard had just come to Georgia from North Carolina, where his father was royal governor. In spite of this connection, he immediately sided with those who opposed the local officials in the Georgia controversy. As the basis for his advice to the jurors he used Henry Care's English Liberties. He advised the jurors not to submit to dismissal by the court. They heeded this advice and continued to hold their meetings and examine witnesses. When the court learned of Sir Richard's action, the justices required him to post bail and stand trial on the charge of "trying to create jealousies and feuds and alienate the minds of the grand jury." The court then adjourned for two weeks, hoping that the matter would subside. Stephens was less hopeful this time. Taking no chances, he began to consider means to "quash with sufficient authority" any future pretentions on the part of the grand jury.

Blocked in their attempt to use the grand jury as a means of protest, those opposed to the policies of the trustees called a meeting of all the settlers to discuss their grievances. At the meeting they named Thomas Stephens, son of President Stephens, as agent to represent them in England. Young Stephens carried with him instructions to seek land grants equal in size to those in South Carolina, to ask for permission to own Negro slaves, and to work for a representative assembly for the colony."

[an obvious case of criminality, but a possible effort to gain criminal power in defense against criminal power: not an excuse, or justification, merely a natural course along the lines of lies beget lies, and violence begets violence - also look into Slave Population demographics in Georgia 1741 for "before/after" consequences of "legalizing" more slavery done in this case by "grand jury"]

Slavery by Grand Jury

[Look also into Richard Kent Justice of Peace for Indian Nations versus Robert Williams Grand Jury Forman 1738, 41, etc.]

After a heated debate between the bench and the jurors, the judge dismissed the grand jury and adjourned the court.

American (colonial) grand jury, British "bench," and British "judge"?

Undaunted, the panel retired to a private residence and sought the legal opinion of Sir Richard Everard. Sir Richard had just come to Georgia from North Carolina, where his father was royal governor. In spite of this connection, he immediately sided with those who opposed the local officials in the Georgia controversy. As the basis for his advice to the jurors he used Henry Care's English Liberties.

Side A: British court/judge works to overpower colonial grand jury.

Side B: Colonial grand jury and Sir Richard Everard work to overpower British court/judge (to extend slavery franchise beyond monopoly held by British?)

When the court learned of Sir Richard's action, the justices required him to post bail and stand trial on the charge of "trying to create jealousies and feuds and alienate the minds of the grand jury."

British Side moves to overpower grand jury.

Blocked in their attempt to use the grand jury as a means of protest, those opposed to the policies of the trustees called a meeting of all the settlers to discuss their grievances. At the meeting they named Thomas Stephens, son of President Stephens, as agent to represent them in England. Young Stephens carried with him instructions to seek land grants equal in size to those in South Carolina, to ask for permission to own Negro slaves, and to work for a representative assembly for the colony."

NOTE ABOVE: Land/Labor Moral/Immoral Power Struggle

Page 25, 26

The Virginia Assembly replied that the sheriff, an appointee of the governor, selected the jurymen under the governor's "constant infuence and direction." The Assembly observed that, under this system, "the country never had nor will have so bad a governor that a grand jury so pickt will not justify."

By preventing the excessive use of information's signed by royal prosecutors, the grand juries constituted still another important curb on royal authority in the colonies. A Maryland statute of 1715 prohibited criminal proceedings except upon the presentment of a grand jury. The law provided a fine of five thousand pounds of tobacco for judges holding a trial upon an information of the attorney general. A committee of the South Carolina Assembly reported in 1727, that a royal official had introduced a new method of "prosecuting people by way of information." In the same year, the New York Assembly enacted a law prohibiting trial upon information except by order of the governor. The legislators aimed the restriction at an attorney general who had been particularly "vexatious" in bringing persons to trial. Lieutenant Governor Cadwallader Colden of New York reported to the Board of Trade that the Assembly had limited the courts of the colony by its actions, as a part of "their design to weaken His Majesty's government here." Royal officers wanted to avoid referring all criminal matters to local grand juries, since such juries frequently refused to indict, especially if the official desiring the indictment was unpopular. In 1735, Chief Justice William Smith of North Carolina told grand jurors that they had perjured themselves by not bringing a bill of indictment in a certain case. He then ordered the attorney general to bring the matter before him on an information.

By the end of the Colonial period the grand jury had become an indispensable part of government in each of the American colonies. Grand juries served as more than panels of public accusers. They acted as local representative assemblies ready to make known the wishes of the people. They proposed new laws, protested against abuses in government, and performed many administrative tasks. They wielded tremendous authority in their power to determine who should and who should not face trial. They enforced or refused to enforce laws as they saw fit and stood guard against indiscriminate prosecution by royal officials.

[When are the people (as a whole) ever unfit for authority at law? Possible answer: When they (as a whole) are found guilty of willfully injuring innocent people: doing onto the innocent what the people (as a whole) would not have done to themselves. In other words self-destructive.]

The case here is an established limit placed upon the device known as a Grand Jury, that established limit being exceeded, and the device is then used to injure innocent people. The grand jury, rather than being limited to only representing the victims, so as to hold the accused to account in trial by the country (trial by jury), the grand jury becomes aggressor, to enforce the will of the grand jury upon the whole people.


___________________________________________________

Chapter 3
REVOLUTION

The colonists had long fought the practice of bringing individuals to trial on an information of a royal prosecutor, and British efforts to limit the powers of Colonial juries by establishing admiralty courts and providing that Colonial offenders be tried in England met with stiff resistance. Furthermore, the political importance of the juries made the colonists doubly jealous of their right to indictment before being brought to trial. On the eve of the Revolution local grand juries were in an excellent position to take the lead in opposing the imperial government.

[See: Richard Henry Lee explain "legal fiction"]

Page 30

Residents of Boston complained that soliders guilty of serious offensies went unpunished because the attorney general refuse to prosecute them. They also claimed tha the prosecutor was bringing colonists to trial upon his own information in cases where the grand juries refused to indict. In response to these complaints the Massachusetts Assembly adopted a resolution denouncing the actions of the attorney general as "a daring breach of trust and an unsupportable grievance." The Assembly and the town meetings could do little except protest, but the grand juries kept up their end of the dispute by continuing to return "ignoramus' all bills laid before them by the judge or royal prosecutor.

Page 37

Only two of the new state constitutions drafted in 1776 and 1777 specifically guaranteed the right to indictment by a grand jury, but both Revolutionary leaders and ordinary citizens took the institution for granted. Each of the states enacted laws providing for grand juries and gave no thought to abolishing the institution. Since the early days of the struggle against England, Revolutionary leaders had effectively labeled the information of a prosecutor as an odious instrument of British tyranny, while at the same time they had hailed indictment by grand jury as one of their rights as Englishmen.

Page 39

The Rhode Island Assembly also provided that the estates of those who remained loyal to Great Britain could be confiscated and sold at public auction. Proceedings for confiscation did not have to be instituted by a grand jury, but could be carried out by the court on the basis of an information filed by the prosecutor.

[more information concerning land transfers done criminally, or lawfully, and according to who, or what power]

Page 39

In New York the legislature created an emergency body known as the Commissioners for Detecting and Defeating Conspiracies. This committee moved from place to place throughout the state, and with the assistance of the army sought out and arrested "enemies of the state." Although the commissioners had unlimited authority to confine persons, those arrested had to be indicted by a grand jury before they could be brought to trial. Grand juries thus served to prevent suspected individuals from being tried without sufficient evidence to warrant prosecution, and local juries frequently released persons arrested by the commissioners.

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 Posted: Mon Feb 12th, 2018 07:40 pm
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Joe Kelley
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Notes on Magna Carta

"Likewise though it be said here, that the King hath given and granted these Liberties, yet they must not be understood as meer Emanations of Royal Fa∣vour, or new Bounties granted, which the people could not justly challenge, or had not a Right unto before; For the Lord Cook at divers places asserts, and all Lawyers know, that this Charter is for the most part only Declaratory of the principal grounds of the Fundamental Laws and Liberties of England, no new freedom is hereby granted, but a Restitution of such as lawfully they had before, and to free them of what had been usurped and encroached upon them by any power whatsoever; and therefore you may see this Charter often mentions Sua Jura, their Rights, and Liberat•s suas, their Liberties, which shews they had them before, and that the same now were Confirmed."

https://quod.lib.umich.edu/e/eebo/A33823.0001.001/1:4?rgn=div1;view=fulltext

Compare that to the American Revolutionary Congress statement concerning a Declaration of Independence:

"That the question was not whether, by a declaration of independence, we should make ourselves what we are not; but whether we should declare a fact which already exists:

"That, as to the people or Parliament of England, we had always been independent of them, their restraints on our trade deriving efficacy from our acquiescence only, and not from any rights they possessed of imposing them; and that, so far, our connection had been federal only, and was now dissolved by the commencement of hostilities:

"That, as to the king, we had been bound to him by allegiance, but that this bond was now dissolved by his assent to the late act of Parliament, by which he declares us out of his protection, and by his levying war on us —a fact which had long ago proved us out of his protection, it being a certain position in law, that allegiance and protection are reciprocal, the one ceasing when the other is withdrawn:"

http://teachingamericanhistory.org/ratification/elliot/vol1/approaches/

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 Posted: Mon Jul 23rd, 2018 11:32 pm
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Joe Kelley
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When a social (mass mankind) connection is glued together with criminal aggression (fraud, extortion, aggressive violence upon the innocent), then power flows to the guilty criminals from the innocent victims: rendering the innocent victims powerless, and the guilty criminals powerful. That is a known error. The fix is individual responsibility and accountability replacing the criminal glue that connects individuals to each other. I am not wrong, and those who can't even contemplate what is now offered are those who confess their malignancy that is either injected into the individual as a consequence of defenselessness, or a commonly understood cancer infecting mankind in the form known as either psychopath, sociopath, or sycophant. Joe Kelley, 7-23-1018, Facebook response.


When power is taken without consent, those who take can take more, and more, until there is no more to take. Joe Kelley, 7-23-1018, Facebook response.


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