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Wednesday, September 9, 2020

#5- No person shall be held to answer for capital, unless on a GRAND JURY

#5 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.





public defenders
   Job 37:19   Teach us what we shall say unto him; for we cannot order our speech by reason of darkness. 


vv

INDICTMENT BY GRAND JURY

The history of the grand jury is rooted in the common and civil law, extending back to Athens, pre-Norman England, and the Assize of Clarendon promulgated by Henry II.1 

 The right seems to have been first mentioned in the colonies in the Charter of Liberties and Privileges of 1683, 

“The grand jury is an English institution, brought to this country by the early colonists and incorporated in the Constitution by the Founders. There is every reason to believe that our constitutional grand jury was intended to operate substantially like its English progenitor. The basic purpose of the English grand jury was to provide a fair method for instituting criminal proceedings against persons believed to have committed crimes.

 Grand jurors were selected from the body of the people and their work was not hampered by rigid procedural or evidential rules. In fact, grand jurors could act on their own knowledge and were free to make their presentme

Its adoption in our Constitution as the sole method for preferring charges in serious criminal cases shows the high place it held as an instrument of justice. And in this country as in England of old the grand jury has convened as a body of laymen, free from technical rules, acting in secret, pledged to indict no one because of prejudice and to free no one because of special favor.”3

The prescribed constitutional function of grand juries in federal courts4 is to return criminal indictments

7 A witness called before a grand jury is not entitled to be informed that he may be indicted for the offense under inquiry8 and the commission of perjury by a witness before the grand jury is punishable, irrespective of the nature of the warning given him when he appears and regardless of the fact that he may already be a putative defendant when he is called.9


. “When the accused is in danger of being subjected to an infamous punishment if convicted, he has the right to insist that he shall not be put upon his trial, except on the accusation of a grand jury.”20


The protection of indictment by grand jury extends to all persons except those serving in the armed forces. All persons in the regular armed forces are subject to court martial rather than grand jury indictment or trial by jury.33 

 The exception’s limiting words “when in actual service in time of war or public danger” apply only to members of the militia, not to members of the regular armed forces. In 1969, in O’Callahan v. Parker,

 \”37 Even under the service connection rule, it was held that offenses against the laws of war, whether committed by citizens or by alien enemy belligerents, could be tried by a military commission.38



 obviously

true or false. that continental congress was nothing more than a grand jury https://www.history.com/topics/american-revolution/the-continental-congress




  

precepts#



WARRARNTS

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  Nehemiah 6:5   Then sent Sanballat his servant unto me in like manner the fifth time with an open letter in his hand;



Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, ,,,,,,,,,,((((((((((((that says it was WRONG to hold johnny for money, without the grand jurys signatures))))))))))))))))))),,,,............................nor shall be compelled in any criminal case to be a witness against himself, ((((((((((((((that helps me ))))))))))))))) nor be deprived of life, liberty, or PROPERTY, without due process of law; .........nor shall private property be taken for public use, without just compensation.

Fifth Amendment. One of the ten amendments to the United States Constitution that make up the Bill of Rights. The Fifth Amendment imposes restrictions on the government's prosecution of persons accused of crimes. It prohibits self-incrimination 
  
pre·sent·ment
/prēˈzentmənt/
noun
LAW
  1. a formal presentation of information to a court, especially by a sworn jury regarding an offense or other matter.


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