In 1166 King Henry II intended to increase his control over the citizen special panel ry and grasp power for the grandcondom.com domain that had previously rested with baronial and ecclesiastical authorities.
Since that time, the grand jury did change to the use of the sword and shield methodology to protect its citizenry, but the methods are still essentially the same with one powerful person controlling the destiny of others.
We are finding today that the system is being abused and is in dire need of reform.
There have been many attempts at reform, but they all seem to become stalemated within Congress. If you were in my shoes you would have very definite opposite feelings about this totalitarian method of justice. But you must know the whole story especially were civil and human rights were and are abused.
For a defendant who has committed a crime, it must be certified that the act was committed upon evidence garnered exclusively by the grand jury. This is the sword and shield and the will of the court system. This shield is to protect the public from vicious felons who can do harm to others. It is not meant to convene on small matters which is done directly by the petite jury. The petite jury is the one you see on television of 12 good people making a decision as to the defendant’s fate, or innocence.. On the other hand, the special panel has the powers of investigation and the prosecutor supplies the evidence to the petite jury. The defense also has methods that can disprove the evidence given by the prosecutor who is the collector and disseminator of critical information regarding the crime committed. This is the confrontational and good part of the justice system. And if there is no confrontation and with only the prosecutor’s evidence, the defendant has to find his own evidence of defense. In other words, the prosecutor gives certain evidence and if that evidence is wrong, proving that there was no crime committed by this person, the defendant should be set free, but that is rarely the case. The defendant’s attorney must be certified by the federal court to participate in defending his client, and he is held to the ruling of the judge. The reality is that the judge controls the rules and evidence in what I called the basketball team. And if you do not play according to his rules and do what the judge says, the defense attorney is barred from defending his client.
In this pretrial hearing there are only a few items that need to be proven for a sentence to be imposed. That of factual and full presentation evidence can be made to the jury or even if there is no jury, the judge can render a decision according to the facts as presented.
The important parts or aspects of this pre-trial investigation have all been placed there for a very specific reason and must be completed in good faith to whomever is in charge of that area. The most important aspects of the pretrial hearing and one of the most important is the adjudicators, followed by mens rea and discovery of which we will talk about in future articles.
The grand jury is probably the most important component within the pretrial hearing because it’s information that has been gathered is the only means of evidence given to the jury for deliberations. And here truth must be known as the truth and not the fabrication of a prosecutor. Once all the facts have been collected the special panel makes this decision, dependent on the facts, for or against probable cause. The petite jury is the one you see on television of 12 people who decide the fate of the defendant.
In this case the prosecutor has the file and is awarded the probable cause decision. At his hands, and with almost unlimited power, he has things that he can do within the court without anyone’s consent. He can subpoena anyone, question anyone, he can go on a hunting expedition to find what he is looking for, which is evidence. This evidence can be correct, or it can be fabricated.
The defendant plays an important role in that he is invited to testify. This gives the defendant the opportunity to nullify the fabrications of the prosecutor and prove that the evidence he is collecting is wrong; the grand jury can render a verdict of innocent. This would strike a harsh blow to the prosecutor and he would lose the case.
The harsh reality of these proceedings is that it is a secret and if a person violates this secrecy, the punishment is swift and long. In Europe, you will be charged with disobeying the secrecy of the special board, and immediately be sentenced and sent off to serve a long sentence as he has broken a very strong contract.
if the defendant wishes to speak up on his own behalf, but the court makes him unavailable by placing him in jail for no reason, so that he cannot testify on his own behalf, rights his civil or human rights have been extremely violated by the court. This was the case of this author as he states today that he was a defendant in a nonviolent case, one of very low ranking within that category, and should have been released. Also, he should’ve never been convicted as guilty because if this case went to trial, the government would lose, and they cannot afford to that this is the as they have to maintain their 98.6% conviction ratio.
We must look at the past to see how today the grand jury runs and on what basis.
I call upon resources to explain this in far more detail as they are professionals and have years of experience in research and they have done an excellent job explaining the beginning part of the grand jury.
“Referring to this history of the grand jury, Justice Powell, writing for the Supreme Court majority in United States v. Calandra,4 noted:
The institution of the grand jury is deeply rooted in Anglo-American history. In England, the grand jury served for centuries both as a body of accusers sworn to discover and present for trial persons suspected of criminal wrongdoing and as a protector of citizens against arbitrary and oppressive governmental action. In this country the Founders thought the grand jury so essential to basic liberties that they provided in the Fifth Amendment that federal prosecution for serious crimes can only be instituted by “a presentment or indictment of a Grand Jury.” The grand jury’s historic functions survive to this day. Its responsibilities continue to include both the determination whether there is probable cause to believe a crime has been committed and the protection of citizens against unfounded criminal prosecutions.
What this means is that the special panel living is a secret ex parte proceeding where the evidence is presented by the prosecutor and they votes whether to indict without ever hearing from the court (other than a preliminary session welcoming them and giving some general guidelines about their duties) or defense counsel. Unsurprisingly, under these circumstances the special panel tend to bond with the prosecutor and indict when the prosecutor indicates there should be an indictment.