Library Entry #759
Marshall’s Law Dateline – Conservative celebrities that publicly hold media ratings trials, are comparable to Liberal Marxist-fascist Democrat lynch mobs; plus these same conservatives are no more intellectually honest than corporate fascist Republican establishment ruling class aristocrats. Neither seems to know different roles for grand juries and petit juries. Heaven’s First Commandment of Ten does not include exemptions for any conservative!
Why does Texas Drifter include so many definitions? One of America’s contemporary social problems is caused by Americans defining words by pop culture meanings; rather than using definitions intended by America’s Founding Fathers. Examples:
1. He is so cool; does word mean cool from weather conditions or cool as pop culture tribute?
2. Like many racial haters believe “I’m dreaming of a white Christmas” is racist slur as opposed to “white” referring to snow. (Perhaps some are just too blanked up to know they are too blanked up to survive freedom?)
3. Not distinguishing between role of grand jury and role of petit jury.
Some definitions:
1. Petit - small or minor
2. Petit jury – twelve (12) persons impaneled to try and decide finally the facts at issue in causes for trial in court
3. Grand - having more importance than others
4. Grand jury – citizens that examine accusations against person charged with crime/s; to determine if evidence warrants making formal charges on which the accused person is later tried before petit jury.
Beyond definitions, some suggest grand jury was named “grand” when its member numbers surpassed twelve members of petit jury. Following should help reader better understand themes of this writing exercise.
(Some excerpts from) BEHIND THE LOCKED DOOR OF AN AMERICAN GRAND JURY: ITS HISTORY, ITS SECRECY, AND ITS PROCESS - MARK KADISH - Copyright © 1996 Florida State University Law Review
I. INTRODUCTION
The purpose of our Constitution is to create a government that protects people from each other.[1] The purpose of our Bill of Rights is to protect each of us from our government.[2] Fundamental in any ordered system of government is an understanding that the people have the right to be free from crime. But, even more important, the people have a right to be free from a government that takes life, liberty, and property without due process of law.
This Article focuses on whether the development, interpretation, and administration of federal grand jury secrecy provisions has adhered to due process strictures. …
Part II of this Article is an historical analysis. It examines the grand jury system as it originated in England and developed in colonial America. Part II also focuses on the evolution of the grand jury's function from a powerful tool for the monarch to a shield protecting citizens from the king's abuses.
II. THE HISTORY OF THE ENGLISH AND COLONIAL GRAND JURIES
The U.S. Supreme Court has stated that "our constitutional grand jury was intended to operate substantially like its English progenitor."[21] An historical analysis of the grand jury thus helps to assess the role secrecy plays in the modern American grand jury system. This analysis reveals that grand jury secrecy serves two competing functions, which courts should enforce in a manner that equitably balances both roles.
A. The Grand Jury in England
The earliest progenitor of our grand jury had two main functions: to accuse criminals [22] and to extend the central government throughout England. …
Significantly, in 1215, King John was forced by his barons to sign the Magna Carta, which delineated individual protections of life, liberty, and property by order of law.[44] This revered document did not specifically address the issue of grand jury secrecy. It did, however, introduce the concept of due process against which any procedural practice must be measured.[45]
In 1642, the English legal philosopher Edward Coke [50] interpreted the Magna Carta provision "Nullus liber homo capiatur, aut imprisonetur" as preserving life, liberty, and property subject to the "law of the land."[51] William Blackstone interpreted Coke's "law of the land" to require a two-tier process before a person could be deprived of (at least) life.[52] The vote by the grand jury in the first proceeding determined whether there was probable cause to believe that the individual accused was guilty of the crime charged; the vote by the petit jury in the second proceeding determined whether there was enough evidence to convict.[53] The petit jury provided little protection to the innocent accused, however, because the king often fined or imprisoned jurors who refused to convict.[54] Reacting to this monarchical abuse, the grand juries began to shift their focus away from mere accusation to considerations of fairness for the individual accused.[55]
Two celebrated cases became the catalyst for writers to define the rights and powers of English grand juries.[56] When pro-Protestant grand juries in London refused to indict Catholic King Charles II's enemies, Lord Shaftesbury and Stephen Colledge,[57] the grand jury became an institution "capable of being a real safeguard for the liberties of the subject."[58] For the first time, grand juries were positively identified as something other than enforcement agencies of central government; they also existed for the protection of the accused.[59] (End excerpts) – Editor Marshall’s Note – well worth Reader’s time to review entire text.
Translation America’s Revolution helped refine the role of grand jury and its relationship to petit juries. Grand juries are more significant than petit jury trials in criminal justice systems. Texas Drifter is not suggesting that government prosecutors motivated solely by their personal career advancements through their conviction ratios, have not damaged integrity of grand jury system in America. That issue is best left for another writing exercise.
Writing exercise intermission question – It is up to America’s States and citizen-patriots to protect Tenth Amendment from federal government; not federal government to protect Tenth Amendment for States and citizens-patriots. Why, feds hate Tenth Amendment for being feds “Achilles heel”. TRUE or FALSE
Clue – A question, were Constitution and Bill of Rights written to protect federal government from States and citizen-patriots; or written to protect citizen-patriots and States from federal government?
Back from writing exercise intermission. Starting with few obvious observations. First, students remember answers longer when they look up answers for themselves. Question, why is secrecy important component for grand jury processes? Reader can practice old adage.
Following steps of due process justice depends on one word, what is that word?
1. Grand juries
2. Petit juries
3. Appellate Courts
4. Supreme Court
That word is ________.
Clue – not favoring one person or side more than another, impartial.
Purpose of due process steps relying on impartiality is to minimize mistakes in an imperfect word; and can be facilitated by staffing system using following:
1. Best selective recruitment which does not include selecting any staff with Affirmative Action policies;
2. Best training and continued training
3. Best supervision or command structure which does not promote incompetent or unethical “up bureaucracy” instead of terminating their employment
4. Best continued oversight by citizen-patriots through different means; which are best left for another writing exercise
Question, America’s future seems dismal as “sixties generation” of America haters will be getting worse as dementia sets in and makes these getting more senile by the day old people more just plain evil and mean. Especially since Republican establishment ruling class aristocrats like McConnell, Cornyn, Boehner, plus Bush and Romney Clans want to show their compassions for those trying to destroy America’s conservatives. TRUE of FALSE
Bonus question, recent grand jury “no bills” of law enforcement officers in Missouri and New York prove that some conservatives are either fools or hypocrites. Why, video tapes do not represent entire scenario facts. Many conservative celebrities who ignore realities that even “on scene participants and witnesses” may not have all the facts impartial grand juries have access too! TRUE or FALSE
Clue - Conservative celebrities that publicly hold media ratings trials, are comparable to Liberal Marxist- fascist Democrat lynch mobs; plus these same conservatives are no more intellectually honest than corporate fascist Republican establishment ruling class aristocrats. Neither seems to know different roles for grand juries and petit juries.
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