Manual Of The Unified Maine Common Law Grand Jury: For The

Manual Of The Unified Maine Common Law Grand Jury: For The Maine Republic Free State

The constituted UNIFIED MAINE COMMON LAW GRAND JURY (UM-CLGJ) is founded on the (41) precepts of the Grand Jury outlined by Justice Antonin Scalia speaking for the majority in the Supreme Court case, United States v. Williams 112 S.Ct. 1735, 504 U.S. 36, 118 L.Ed.2d 352 (1992). The first 21 of these 41 Quoted Precepts Are . . . 1) We the people [of the United States of America] have been provided with legal recourse to address the criminal conduct of persons entrusted to dispense justice. 2) The American grand jury is neither part of the judicial, executive nor legislative branches of government, but instead belongs to the people. 3) It is in effect a fourth branch of government â€œgovernedâ€ and administered to directly by and on behalf of the American people, and its authority emanates from the Bill of Rights. 4) Thus, citizens have the unbridled right to empanel their own grand juries and present â€œTrue Billsâ€ of indictment to a court, which is then required to commence a criminal proceeding. 5) Our Founding Fathers thereby created a â€œbufferâ€ the people may rely upon for justice, when public officials, including judges, criminally violate the law. 6) Any power federal courts may have is very limited and does not permit reshaping the grand jury institution. 7) The â€œcommon lawâ€ of the Fifth Amendment demands the grand jury. 8) The grand jury is an institution separate from the courts, over whose functioning the courts do not preside; no such â€œsupervisoryâ€ judicial authority exists. 9) Rooted in long centuries of Anglo-American history, the grand jury is mentioned in the Bill of Rights, but not in the body of the Constitution; it is a constitutional fixture in its own right. 10) The whole theory of the grand juryâ€™s function is that it belongs to no branch of the institutional government, and serves as a kind of â€œbufferâ€ or â€œrefereeâ€ between the Government and the people. 11) Although the grand jury normally operates in the courthouse and under judicial auspices, its institutional relationship with the judicial branch has traditionally been at armâ€™s length. 12) Judgesâ€™ direct involvement in the grand jury is generally confined to calling the grand jurors together and administering their oaths of office. 13) The grand juryâ€™s functional independence from the judicial branch is evident both in the scope of its power to investigate criminal wrongdoing, and in the manner in which that power is exercised. 14) The grand jury can investigate merely on suspicion that the law is being violated, or even because it wants assurance that it is not. 15) The grand jury need not identify the offender it suspects, or even the precise nature of the offense it is investigating. 16) The grand jury requires no authorization from its constituting court to initiate an investigation, nor does a prosecutor require leave of court to seek a grand jury indictment. 17) In its day-to-day functioning, the grand jury operates without the interference of a presiding judge, and deliberates in total secrecy. 18) The grand jury cannot compel the appearance of witnesses and the production of evidence, and must appeal to the court when such compulsion is required, and the court will refuse to lend its assistance when the compulsion the grand jury seeks would override rights accorded by the Constitution, or testimonial privileges recognized by the common law. 19) The grand jury remains free to pursue its investigations unhindered by external influence or supervision so long as it does not trench upon the legitimate rights of any witness called before it. 20) The Fifth Amendmentâ€™s constitutional guarantee presupposes an investigative body acting independently of either prosecuting attorney or judge. 21) Certain constitutional protections afforded defendants in criminal proceedings have no application before this body. 22) The Double Jeopardy Clause of the Fifth Amendment does not bar a grand jury . . .
Country USA
Manufacturer CreateSpace Independent Publishing Platform
Binding Paperback
EANs 9781495407864
ReleaseDate 0000-00-00

Country	USA
Manufacturer	CreateSpace Independent Publishing Platform
Binding	Paperback
EANs	9781495407864
ReleaseDate	0000-00-00

Manual Of The Unified Maine Common Law Grand Jury: For The Maine Republic Free State