View single post by Joe Kelley
 Posted: Wed Nov 1st, 2017 05:50 pm
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Joe Kelley

 

Joined: Mon Nov 21st, 2005
Location: California USA
Posts: 6399
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Mana: 
 On the barefootsworld page the Trial by Jury Essay offers more information concerning the encroachments from authoritative power (jurisdiction) commanded by the people as the people are represented by jury members randomly selected from the country, in trial by the country, in courts of conscience. Example:

http://www.barefootsworld.net/trial03.html#p51

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The hundred, however, and county courts, were not equal of themselves for the purposes of jurisdiction and order. It was necessary that a court should be erected, of supreme authority, where the disputes of the great should be decided, where the disagreeing sentiments of judges should be reconciled, and where protection should be given to the people against their fraud and injustice.
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In context of previously explained powers of lawful action (jurisdiction) the people themselves try the case, fact finding, and consent to, or veto laws, determine sentencing, based upon determination of guilt, done so unanimously, and all it takes is ONE single juror to acquit. Which means no double jeopardy if a criminal judge demands as many retrials as will suffice to finally find 12 people who agree with the persecuting judge as to guilt of the accused.

The government could appeal a guilty verdict rendered by a common law jury, if the judge could convince the people that the common law jury found guilt in error of procedure.