UNLAWFUL meets LAWFUL - Have the people in England done enough to secure a lawful jurisdiction?
History has taught us that history has been known to repeat itself time and time again! Is this a new time for a new history in the making? Some say it’s about time it did, but the burning question will remain for now... Have the people in England done enough to secure a lawful jurisdiction?
30 July 2023 - Have the people done enough to secure lawful jurisdiction?
In England, grand jury’s were abolished in 1933 under the Administration of Justice (Miscellaneous Provisions) Act 1933 and was entirely abolished in 1948, when a clause from 1933 saving grand juries for offences relating to officials abroad was repealed by the Criminal Justice Act 1948.
Questions;
(1) Did parliament abolish the legitimacy for a grand jury because the people are known to find out truths about their government which in turn, could spark an uprising?
(2) Do superior statutes stand above the new parliamentary statutes created in modern times?
Answer;
For both those questions, it may be a common yes!
A grand jury is a group of citizens who have been empowered by law to conduct legal proceedings, investigate potential criminal conduct, and to determine whether any criminal charges should be brought. A grand jury may subpoena physical evidence or any person to testify.
Grand jury’s may have been abolished in England, but they still exist in the USA due to The Fifth Amendment of the Bill of Rights which says: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.“
Federal, state and county prosecutors all use grand juries, but all federal crimes must have a grand jury indictment. It is also worth noting, if a jury does not vote for indictment, charges can still be brought against any person if prosecutors can convince a judge.
A grand jury is made up from members of the public. The US courts handbook says: they “are drawn at random from lists of registered voters, lists of actual voters, or other sources as necessary“.
Jury members may be called for duty for months at a time, but need only appear in court for a few days out of every month. They can range from as low as six to as high as 23, although a federal grand jury usually comprises 16 to 23 people and the term “grand“, because the trial or “petit“ jury is usually smaller.
*Please note, unlike the trial jury, the grand jury does not determine whether a person is guilty of a crime. Other things to consider are the following; they tend to sit in secret, there is no media coverage, and generally, any person under investigation is not allowed to be present.
The reason for being held in secret is to protect the jurors from intimidation and helps to protect innocent people from unfounded charges.
The jury does not have to be unanimous to recommend an indictment or a criminal charge and can take a two thirds, or three quarters verdict.
A grand jury is created by a prosecutor to consider if there is enough evidence to pursue a prosecution, or in other words, it has the function to be inquisitorial and accusatorial, unlike that of the petit jury, which tries cases.
The grand jury’s function will primarily be to decide whether there is “probable cause” or “prima facie evidence” or in legal terms, to determine if probable cause exists by the reasonable belief a crime may have been committed or not.
In order to define this, the jury will be given investigative powers and can issue subpoenas that will compel any person to testify or hand over any documentation relating to a case.
Grand jury processes can sometimes last months or even years.
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