The right to Trial By Jury is explicit and guaranteed for every criminal
charge and any civil matter in excess of $20.
Article the eighth [Amendment VI]
In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the witnesses against
him; to have compulsory process for obtaining witnesses in his favor,
and to have the Assistance of Counsel for his defence.
Article the ninth [Amendment VII]
In Suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and no
fact tried by a jury, shall be otherwise re-examined in any Court of the
United States, than according to the rules of the common law.
In 1804, Samuel Chase, Supreme Court Justice and signer of the
Declaration of Independence said: "The jury has the right to judge
both the law and the facts". And also keep in mind that "either we
all hang together, or we most assuredly will all hang separately".
CONSTITUTION OF THE STATE OF CALIFORNIA of 1849 We, the people of
California, grateful to Almighty God for our freedom, in order to secure
its blessings, do establish this Constitution:
ARTICLE I. Declaration of Rights. Sec. 9. Every citizen may freely
speak, write, and publish his sentiments on all subjects, being
responsible for the abuse of that right; and no law shall be passed to
restrain or abridge the liberty of speech or of the press. In all
criminal prosecutions on indictments for libels, the truth may be given
in evidence to the jury; and if it shall appear to the jury that the
matter charged as libellous is true, and was published with good motives
and for justifiable ends, the party shall be acquitted; and the jury
shall have the right to determine the law and the fact.
The fact that there is no judicial power in a Trial By Jury is
most clearly emphasized by the very reason for Trial By Jury: which is
to eliminate judicial corruption. In a Trial By Jury the jury is the
judge and the judiciary has no power and no sway, the jury determines
both the law and the fact. A judge who excludes evidence from a Trial By
Jury breaks the law and commits treason. By excluding evidence a
judge puts themselves in a position to fix the outcome of a trial.
Perhaps the most explicit example of judicial corruption in the U.S.
is the judiciary's interpretation of the 11th Amendment see
11th: No Judicial Power. The
11th is neither ambiguous nor complicated, the amendment was implemented
so as to explicitly eliminate judicial power when a suit is brought
against a judge's boss. However, judges have invented the most absurd
interpretations of the 11th ranging from claims that it eliminates the
right to sue to some how inventing some sort of judicial or governmental
immunity. Recognize that there is no need for judicial interpretation
of the law since under common-law if a common person cannot understand
the law, it is not law. Judges are here only to administer the courts
not to make law. Where a party specifically decides to forego the right
to have a jury decide the outcome of a case, or when the value in
controversy is less than twenty dollars and only then, a judge is
allowed to judge the case.
Courts of Equity
You cannot be forced into a Court of Equity where there is a legal
remedy. See Federal Judiciary Act (1789 ) SEC. 16. "And be it
further enacted, That suits in equity shall not be sustained in
either of the courts of the United States, in any case where plain,
adequate and complete remedy may be had at law." This
means that anyone who has been told that they are not entitled to a
Trial By Jury in Family Court has been lied to. They may go back
to court and reverse any and all decisions corrupt judges forced on them
through divorce cases. This is extraordinarily significant and yet
another example of how utterly corrupt and criminal in form and nature
courts and the judiciary has been over the last 50 years in the U.S. |