A comparison of the Statutory Grand Juries as opposed to the Peoples

Common Law Grand Juries

By Judge Darby

The first item that needs to be looked at is the understanding of what is the judicial
system that the majority of people are familiar with and taught in schools. Without
going into an extreme amount of detail, the statutory system is admiralty whereas
admiralty is in fact the law of the sea. After the end of the Civil War, admiralty law
was established upon the land of the South in order to rebuild the South. Essentially
what happened is that it never left, land jurisdiction was never re-applied and
because of the Lieber code the union of states all fell under martial rule. This is
what eventually developed to be the statutory code that is based upon past cases
and decisions made by judges.

In admiralty the captain of the ship has absolute and total command and control. In
a similar context the admiralty judge or the statutory judge has the same similar
position as the captain of the ship. In admiralty there is no room for the
Constitution, and there is no room for justice as everything is based on legal as
opposed to lawful jurisdiction. In a sense you can loosely consider statutory as being
legal as opposed to constitutional which is lawful.

Land jurisdiction is exactly that is jurisdiction of the land which is also known as
natural law, common-law as presented in the states united by the four founders,
and is designated by the term continental. Therefore you have the original
continental common-law land jurisdiction that is the original and the true jurisdiction
given to us by our forefathers; and then we have the admiralty law that came from
the sea as a thief in the night and overlaid or took over control of the land
jurisdiction that now lay dormant.

The common law court of the people comes from the Magna Carta 1312. The
purpose of the common-law grand jury is to act as they shield and a sword in order
to protect the people from the government and go so far as to nullify and root out
corruption and criminals within the government. This was brought forward by the
founding fathers in such a way that it was a separate entity from the executive,
judicial, legislative branches as mentioned in the Constitution itself. That is why it
was never mentioned in the Constitution but it is alluded to in the Fifth Amendment.
In order to understand more about the common law grand jury you need to go back
and study the Magna Carta.

The founding fathers established and gave us grand jurys that were controlled by
the people themselves as opposed to the lawyers Guild controlled that we see
today; and I will speak more on that a little bit later. Previous to 1911 and especially
before the adoption of the federal rules of criminal procedure established in 1947
every county, every state had a people common-law grand jury that was functional
and protected the people. In fact, you can go back to Google books and find records
of the many things that the grand juries of that time did. Some of the things is that
they did audits on the local governments recommending changes to process and
procedures, perhaps equipment upgrades, and so on and so forth. The common-law
grand jury was more than just what we have been programmed to think that they
are from television programs send government educational propaganda schools. So
in my analysis and explanation, I will refer to the commonly known grand juries as
you see on television and once while in the paper as the statutory grand jury.
Likewise, I will refer to the common-law peoples grand jury which is in essence land
jurisdiction as the peoples grand jury.

The basis of the grand jury as establish by Magna Carta is that it is specifically
created by the people and is totally separated from the government itself. It is an
entity that is held aside with no association or connection to the judicial or any
other branch of government in order for it to operate as it was meant to be
operated by the Magna Carta. Based upon the Magna Carta, there are five specific
principles required for a peoples grand jury.
The purpose of the grand jury throughout history has been described as a shield
any sword. The government wanted to charge a local with a crime it was the grand
jury, made up appears, acting as a shield that protected individuals from bogus
charges. In other words, if a rancher is to be accused of something, his peers would
be other ranchers that understood his motivation and why he did whatever it was.
How could a panel of people that grew up and live in the city understand the
motivations and hardships found and experienced by a rancher? Likewise if
somebody in the city was charged with something, how could a rancher sit in
judgment of the experiences and background of a city dweller? Therefore the grand
jury is our fourth branch of government designed to hold the other branches
accountable when they overstep or fail to maintain themselves within the realm of
the Constitution. Additionally the people never delegated the power to control or
manipulate the grand jury to the institutional branches of government.
Unfortunately, the institutional branches of government, without our authority, have
hijacked the grand jury and uses the grand jury against the people and as a tool of
prosecution.

In order to be a free and objective grand jury the six following conditions must be
met:

1. The members of the

2. The members of the
unencumbered.
3. The members of the
4. The grand jury must
5. The grand jury must
6. The grand jury must

grand jury must remain secret.

grand jury must remain independent and
grand jury must judge the law as they look at a case.
be accessible by the public.
be made up of unfiltered peers.
be made up of free and sovereign individuals.

With that in mind, we must now look at the admiralty selection process for a
statutory grand jury.
The first thing that happens is that a summons is sent out in the mail to all people
that have a license/contract with the state. Within that summons you are then
requested to fill out a form and sign it whereas that form specifies that you are a
United States citizen. What most people do not understand is that a United States
citizen as per the 14th amendment, creates a contract that you give up your
freedom and sovereignty in order to enjoy the best out rights and privileges from
the United States Corporation. In other words, you are admitting by your signature
that you are a corporate citizen.

You are then told to come in to where you are then asked a bunch of questions on
your belief, on your thoughts concerning various issues by the prosecuting attorney,
and based upon your answer you are then rejected or moved on to a jury list. From
that overall jury list, the prosecuting attorney then selects 21 people to become the
statutory grand jury. Often times you will be told that you will never be called unless
there is a requirement to indict someone for murder or something. So what you
have here now is a filtered group of people that are totally controlled by the
prosecuting attorney. You are given some instructions, but you are never told the
true depth of your duties, and even perhaps you are sworn in to obey the directions
of a judge or the prosecuting attorney. The exact procedure does change from
county to county and state to state, and therefore they will very. But this is a very
basic outline of how a statutory grand jury operates.

So now you have all these people that have been vetted by the prosecutor for his
purposes, they have not been given any information as to what their true duties and
abilities are. So the question is where in the Constitution did we the people give the
government the responsibility of forming the grand jury?

Now remember, government was created by the people, whereas people were not
created by the government. Government is essentially nothing more than a piece of
paper, a contract created to restrain government from overstepping its bounds,
from creating laws repugnant to the Constitution, and to protect the rights that the
people already have.

So now you have a general understanding of how the statutory or admiralty grand
juries are created, the next question we need to be asking is how do they operate?
Are they operational by the people or are they operated by the government? Are
you also starting to understand why the people have been powerless against
corruption within the government?
Today, the grand jury is the total captive of the prosecutor, who if he is candid, will
concede that he can indict anybody, at any time, for almost any reason, and before
any grand jury. In 1973 Supreme Court Justice William Douglas stated that it was
common knowledge that the grand jury, having been conceived as a bulwark
between the citizens and the government, is now nothing more than a tool of the
executive. There has been at least one scholar that has suggested that the
problem of grand jury subordination has been so institutionalized that its a very
structure violates due process. The critics are unanimous in their condemnation of
the modern grand jury process as little more than an elaborate ritual used only to
justify the by ceremony the decisions of the government. -- Taken from the
Creighton Law review. With the adoption of the federal rules of criminal procedure,
the last nail was put in the coffin of absolute control of the grand jurys function.
The adoption of the federal rules of criminal procedure that took effect in 1946
removed the presentment power from the grand jury and made it a discretion of the
court instead. According to the rules, the grand jury cannot make any disclosure,
including a presentment, without court permission. The grand jurys went from
having the right not have prosecutors helping, to having investigations by the
prosecutors forced upon them. In fact the power to bar the prosecutors from its
investigation was lost. Her now, the federal grand jurors cannot return charges in
the form of an indictment without a prosecutors consent. The elimination of the
presentment demonstrates the elimination of the proactive features and abilities of
the grand jury system in order to rein in or deter governmental criminal activities.