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| Joined: | Mon Nov 21st, 2005 |
| Location: | California USA |
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That is an example of the common law crime known as libel.
Who says?
I do, but I am a potential juror (grand or petty) in California, not Nevada.
If Ryan Bundy becomes Governor (a real possibility for those who have followed such campaigns as Ross Perot, Ron Paul, and now Donald Trump), then Governor Bundy could return Nevada to a common law state, with grand juries made up "of the most discreet and honest inhabitants" "nominated by their fellows, but commissioned by the governor."
As in:
"The state is divided into counties. In every county are appointed magistrates, called justices of the peace, usually from eight to thirty or forty in number, in proportion to the size of the county, of the most discreet and honest inhabitants. They are nominated by their fellows, but commissioned by the governor, and act without reward. These magistrates have jurisdiction both criminal and civil. If the question before them be a question of law only, they decide on it themselves: but if it be of fact, or of fact and law combined, it must be referred to a jury. In the latter case, of a combination of law and fact, it is usual for the jurors to decide the fact, and to refer the law arising on it to the decision of the judges. But this division of the subject lies with their discretion only. And if the question relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact. If they be mistaken, a decision against right, which is casual only, is less dangerous to the state, and less afflicting to the loser, than one which makes part of a regular and uniform system. In truth, it is better to toss up cross and pile in a cause, than to refer it to a judge whose mind is warped by any motive whatever, in that particular case. But the common sense of twelve honest men gives still a better chance of just decision, than the hazard of cross and pile. These judges execute their process by the sheriff or coroner of the county, or by constables of their own appointment. If any free person commit an offence against the commonwealth, if it be below the degree of felony, he is bound by a justice to appear before their court, to answer it on indictment or information." Thomas Jefferson notes on the State of Virginia.
See also:
"THE GRAND JURY originated in England as the accusing body in the administration of criminal justice. At the Assize of Clarendon, in 1166, Henry II provided that twelve knights or twelve "good and lawful men" of every hundred and four lawful men of every vill disclose under oath the names of those in the community believed guilty of criminal offenses. Members of this inquisitorial body were obliged to present to the judge sworn accusations against all suspected offenders. Unlike petit juries, grand juries were not to pass upon guilt or innocence but were to decide only whether an individual should be brought to trial. At first all accusations originated with the members of the inquest themselves, but gradually the juries came to consider accusations made by outsiders as well. The jurors then heard only witnesses against the accused and, if they were convinced that there were grounds for trial, indicted him. They also passed upon indictments laid before them by crown prosecutors, returning a "true bill" if they found the accusation true or "no bill" if they found it false. However, the juries never lost their power to accuse on their own knowledge. This they did by making a presentment to the court. The presentment represented an accusation on the jury's own initiative while an indictment represented a charge that originated outside the membership. Under their power of presentment English grand juries could and did investigate any mater that appeared to them to involve a violation of the law."
he People's Panel
The Grand Jury in the United States, 1634 - 1941
Richard D. Younger
Page 3
"They proved their effectiveness during the Colonial and Revolutionary periods in helping the colonists resist imperial interference. They provided a similar source of strength against outside pressure in the territories of the western United States, in the subject South following the Civil War, and in Mormon Utah. They frequently proved the only effective weapon against organized crime, malfeasance in office, and corruption in high places.
"But appreciation of the value of grand juries was always greater in times of crisis, and, during periods when threats to individual liberty were less obvious, legal reformers, efficiency experts, and a few who feared government by the people worked diligently to overthrow the institution. Proponents of the system, relying heavily on the democratic nature of the people's panel, on its role as a focal point for the expression of the public needs and the opportunity provided the individual citizen for direct participation in the enforcement of law, fought a losing battle. Opponents of the system leveled charges of inefficiency and tyranny against the panels of citizen investigators and pictured them as outmoded and expensive relics of the past. Charges of "star chamber" and "secret inquisition" helped discredit the institution in the eyes of the American people, and the crusade to abolish the grand jury, under the guise of bringing economy and efficiency to local government, succeeded in many states."
When Oath Keepers warned Lavoy Finicum of the criminal government making moves to injure Lavoy Finicum they suggested that Lavoy Finicum move immediately to a nearby county where a "Constitutional" sheriff (common law sheriff) would protect Lavoy Finicum. Constitutional Sheriffs defend innocent people from harm done to them by anyone, including posers posing as law enforcement.
If Governor Bundy can influence (Bully Pulpit) people in each county of Nevada, it is conceivable that each county of Nevada can host common law Sheriffs, and common law juries both grand and petty.
If a fake government stacked jury can inspire the fake government "judge" (Navarro) to turn on the fake government "prosecutor" (Myhre) and call a mistrial in the Bundy versus the fake government kangaroo trial, then it is entirely possible that true rule of law can deter almost all crime, even libel.