Article III, Section 2 of the Constitution clearly states "The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury". Judges have no authority to try criminal cases. All the State Courts are subject to the Constitution as the highest law of the land and they have no authority to ignore the Constitution.
Many State Superior Courts, in blatant violation of the 5th Amendment, allow District Attorneys to cook up laundry lists of charges and to file these charges against victims without any Grand Jury indictment or presentment or even any verified criminal complaint! Judges commit high treason when they step in and claim the right to conduct 'evidentiary hearings' in place of the Grand Jury.These criminal acts committed by Judges and District Attorneys have enabled the establishment of the Prison Industrial Complex and the incarceration of millions of innocent citizens.
Judges, DA's, lawyers, police and private jails cash in on the feeding frenzy creating jobs and income for themselves by violating the core construct of Constitutional law. As a consequence of these blatant violations of the Constitution, the U.S. today has more people in jail, prison and on probation than all the other nations in the world combined!
The Supreme Court in the Hale v. Henkel case [201 U.S. 43-1906], recognized that the Grand Jury function is to “stand between the prosecutor and the accused,” and to determine whether a charge is legitimate, or is “dictated by malice or personal ill will”. In another case, [United States v. Calandra, 414 U.S. 338 (1974)], the Supreme Court stated that the independent grand jury’s purpose is not only to investigate possible criminal conduct, but to act as a “protector of citizens against arbitrary and oppressive governmental action,”
The U.S. Attorneys Manual states that prosecutors “must recognize that the grand jury is an independent body, whose functions include not only the investigation of crime and the initiation of criminal prosecution but also the protection of the citizenry from unfounded criminal charges” (USAM, Section 9-11.010). The Manual recognizes that targets of investigations have the right and can “request or demand the opportunity to tell the grand jury their side of the story” (USAM, Section 9-11.152).
The Supreme Court in the Wood v. Georgia case (370 U.S. 375 (1962)), stated that the grand jury is to protect citizens against “hasty, malicious and oppressive persecution” and to insure that prosecutions are not “dictated by an intimidating power or by malice and personal ill will”.
The Grand Jury process can save America if we the people form Grand Juries by simply calling 23 people together and indict officials who break the law. The sheriff must arrest the indicted official, if the DA won’t prosecute the official in trial you can. Together we can take back the USA.
See CopperCards County Cleanup Program www.CopperCards.com
Recovering The USA
The Grand Jury
There are laws in this Nation. Public officials, above all, must obey the law. The highest law of the Nation is the Constitution for the United States of America, and it overrules all other laws. No law may be made which infringes on or contradicts the Constitution. Every official takes an oath to obey the Constitution, when they violate that oath they can no longer hold office.
Example of Criminal Acts Committed By Officials: Any DA, Sheriff, Judge or lawyer who has prosecuted a person without first obtaining a Grand Jury Indictment or Presentment has broken the law and committed high treason: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.." – 5th Amendment to the Constitution for the United States of America.
Grand Juries are formed by We the People and not They The Government. To form a Grand Jury, randomly select 23 citizens from the County were the crime was allegedly committed.
The primary purpose of a Grand Jury is to prevent malicious prosecution by the government, to prevent the government from cooking up charges to prosecute for profit or to punish their opposition.
The Constitution, which forms the highest and overriding Law of the Land, mandates in no uncertain terms that you may not be prosecuted for a crime without an indictment of a Grand Jury. Only an independent Grand Jury can find probable cause if a crime has been committed. Judges cannot authorize the government to prosecute on “Information” as this defeats the very reason and function of Grand Jury which is to take away any ability for the government to go on ‘witch hunts’ or to turn the Nation into a Prison State.
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Grand Juries are formed by “we the people” by anyone randomly selecting 23 average citizens in our community. The Grand Jury is free of any control by the government or court.
“The Grand Jury is a body of laymen, free from technical rules, acting if necessary in secret, pledged to indict no one because of prejudice, and to free no one because of special favor… Despite the vast power of grand juries, there is little in the way of judicial or legislative response designed to impose some supervisory restrictions on them."
- FindLaw.com on Indictment by Grand Jury
Victims, who are the 'Real Parties of Interest' presents evidence of the crime under the penalty of perjury to the Grand Jury after they sign a verified criminal complaint. They can ask a lawyer or Public Prosecutor / District Attorney to help them present the case to a Grand Jury. The victim must be a real person and not the government. Public prosecutors cannot sign verified criminal complaints as they are not the victim and the government is not a real person.
Jurors on Grand Juries are not managed by any judge, they are free to conduct their own investigations and to gather their own evidence.
The Grand Jury conducts their own hearings and investigations as they feel fit. Grand Juries can issue subpoenas to summon witnesses to testify before them. Other than basically unacceptable conduct, there are no limitations placed on how Grand Jurors conduct their investigations. Grand Jury Juror's can conduct their investigations in secret so as to not tip off a criminal regarding a pending indictment.
People who refuse Grand Jury summons face Contempt of Court charges. A Grand Jury is not a criminal trial, it only establishes if there is probable cause to bring someone to a criminal trial. Unlike criminal trials, people called to testify before a Grand Jury do not have a right to remain silent. When calling a witness, the Grand Jury need not reveal to the witness the nature of their investigation. There are no rules barring evidence from a Grand Jury. Grand Jury proceedings are separate and independent from the criminal trial, you cannot record Grand Jury proceedings or use a recording of the Grand Jury proceedings in a trial.
Grand Jurors can be held accountable for libel and slander or for acting maliciously, so they must act truthfully and responsibly. Multiple grand juries can conduct investigations simultaneously, and witnesses cannot object if they are called to testify by more than one grand jury.
Every citizen has an obligation, which may be onerous at times, to appear and give whatever aid they can to assist a Grand Jury. On indictment/presentment buy a Grand Jury, the Public Prosecutor / District Attorney must prosecute the case and bring the accused to trial, alternatively the victim who represents the real party of interests may utilize a process known as Quo Warranto to prosecute the case themselves.
After a Grand Jury indicts a person, the person is taken to a criminal trial.
Steps To Clean Out Criminals From County Office:
1. Gather Evidence Of Crimes Committed By Official
2. Identify Crime Definitions & Prepare Verified Criminal Complaint
3. Form Grand Jury, Present Evidence, Obtain Indictment Or Presentment
4. File Quo Warraonto Complaint In Court & Set Hearing Date For Arraignment.
5. Get Sheriffs To Arrest & Serve Summons On Defendant/s
6. Prosecute Arraignment & Set Matter For Trial
7. Prosecute Defendant At Trial
8. Call County Elections To Replace Corrupt Officials
The Structure of a Grand Jury
The Grand Jury is generally composed of 23 people including a foreman, at least sixteen jurors must be present for a grand jury to conduct business and at least 12 of the grand jurors must agree that sufficient evidence exists for an indictment. Federal courts use 23 local citizens on grand juries which can operate with 16 members present of which only 12 jurors are need to issue an indictment/presentment.
To form a Grand Jury, anyone can randomly select 23 individuals from their Community. An Indictment is when the Grand Jury Foreman calls for a vote to determine if more than 12 jurors find probable cause for prosecution, the Foreman signs the complaint. In a Presentment, each juror who finds probable cause signs the complaint.
A Cornerstone to Criminal Prosecution
The Grand Jury process is a cornerstone to criminal prosecution within the U.S.
By 1215 the jury concept was guaranteed through the Magna Carta stating that no freeman would be "imprisoned or [dispossessed] or exiled or in any way destroyed . . . except by the lawful judgment of his peers." The Grand Jury system originated in twelfth-century England, when King Henry II enacted the Assize of Clarendon to circumvent local noble's and Catholic Church control of the courts. As dictated by the 5th Amendment, in England a Grand Assize/Jury consisting of a certain number of locals determined if sufficient evidence of the commission of a crime existed before anyone could be accused of a crime.
In 1635, the Massachusetts Bay Colony impaneled one of the first grand juries consider the legitimacy of cases in the U.S. By 1683, all the States had some form of Grand Jury process. In 1765, for example, a Boston grand jury refused to indict patriots protesting against the Stamp Act. The 5th Amendment dictating the necessity of a Grand Jury Indictment/Presentment before anyone can be prosecuted for a crime was enacted as part of the original Bill of Rights proposed on September 25th, 1789 and ratified on December 15th, 1791.