winona rosa

Tuesday, February 22, 2011

BILL OF RIGHTS

http://blackroberegimentpastor.blogspot.com/2011/01/one-tool-for-immediate-need-in-america.html?showComment=1298373809893#c1054805728461131141

http://www.countygrandjury.org/



America being a nation with some already firm, foundationally good laws already available to all, is sound justification to apply laws fairly and to also utilize to remove unrepentant and corrupt evil persons from power. One good and fair system is the “Grand Jury.” I am not an attorney, nor am I licensed to practice law and nor do I give legal advice. I do however see the “tools” available for good people everywhere in America(and around the world) regarding how to remove evil. One of many such “good tools” available is the Grand Jury. It is designed as a legal investigative tool in a process to bring evil to the forefront so that it can be exposed by Biblical truth . “The purpose of the Grand Jury is to determine whether a charge is founded upon reason, or rather, dictated by an intimidating power or by malice and personal ill will. See Wood v. Georgia, 370 U.S. 375 (1962).] The Grand Jury is intended to act as an independent body, apart from the courts and prosecution, to scrutinize the evidence against a defendant. In states that have Grand Juries, each state has its own rules regarding a state-empaneled Grand Jury. “ From CanadaLegal.info


There is no Judge necessary in a Grand Jury. The Grand Jury can hand down an indictment. This means a person can be found to have enough evidence against them to lay a criminal charge against them. Thus, a person can be arrested for a crime. Note that In the United States, the US Constitution does not state that a Grand Jury must be conducted only by a “government prosecutor.” In fact, anyone in the US can legally assemble a Grand Jury.



NEW YORK CONSTITUTION: BILL OF RIGHTS: RE: GRAND JURY

[Grand jury; protection of certain enumerated rights; duty of public officers to sign waiver of immunity and give testimony; penalty for refusal]

§6. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service, and the land, air and naval forces in time of war, or which this state may keep with the consent of congress in time of peace, and in cases of petit larceny under the regulation of the legislature), unless on indictment of a grand jury, except that a person held for the action of a grand jury upon a charge for such an offense, other than one punishable by death or life imprisonment, with the consent of the district attorney, may waive indictment by a grand jury and consent to be prosecuted on an information filed by the district attorney; such waiver shall be evidenced by written instrument signed by the defendant in open court in the presence of his or her counsel. In any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions and shall be informed of the nature and cause of the accusation and be confronted with the witnesses against him or her. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he or she be compelled in any criminal case to be a witness against himself or herself, providing, that any public officer who, upon being called before a grand jury to testify concerning the conduct of his or her present office or of any public office held by him or her within five years prior to such grand jury call to testify, or the performance of his or her official duties in any such present or prior offices, refuses to sign a waiver of immunity against subsequent criminal prosecution, or to answer any relevant question concerning such matters before such grand jury, shall by virtue of such refusal, be disqualified from holding any other public office or public employment for a period of five years from the date of such refusal to sign a waiver of immunity against subsequent prosecution, or to answer any relevant question concerning such matters before such grand jury, and shall be removed from his or her present office by the appropriate authority or shall forfeit his or her present office at the suit of the attorney-general.

The power of grand juries to inquire into the wilful misconduct in office of public officers, and to find indictments or to direct the filing of informations in connection with such inquiries, shall never be suspended or impaired by law. No person shall be deprived of life, liberty or property without due process of law. (Amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938; further amended by vote of the people November 8, 1949; November 3, 1959; November 6, 1973; November 6, 2001.)



This county grand jury is backed by the 5th and 10th Amendments to the general constitution as well as the US Supreme Court in the following case:



Although the laws may vary from state to state, Grand Juries are viewed the way United States Supreme Court Justice Antonin Scalia sees them,

“In fact, the whole theory of its function is that it belongs to no branch of the institutional Government, serving as a kind of buffer or referee between the Government and the people.”

United States Supreme Court Justice Antonin Scalia ruled in the case of United States vs. Williams, 504 U.S. 36 at 48 (1992):

“Rooted in long centuries of Anglo-American history, Hannah v. Larche, 363 US 420, 490 (1960) with J. Frankfurter concurring in result, the Grand Jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It has not been textually assigned, therefore, to any of the three branches described in the first three Articles. It is a constitutional fixture in its own right.”

Clearly stated: The Grand Jury is a separate and equal Constitutional power. The Grand Jury is not a tool for government to use against its citizens.

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We can change the direction and future of this country by taking back our 5th and 10th Amendment authority

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