Standing in Outlawry I
by Joe Kelley
The Metaphor of Standing and the Problem of Self-Governance.
Steven L. Winter
“Despite the purported constitutional warrant and the seeming clarity of the new black letter, standing law remains largely intractable.”
Someone clearly discovers a criminal causing great harm to many people.
Immediately upon discovering the facts that prove beyond doubt that the growing pile of tortured souls filling the mass grave, that independent individual soul having made this horrifying discovery turns, as if made to do so by some unseen power, into a defensive state.
Not on my watch, Satan!
Placing oneself in between the clear and present danger one stands on moral ground to prevent the enemy of humanity from moving one more step toward the next victim in a long line of defenseless victims ripe for consummation by the clearly evil power presenting itself in clear view on its march toward inevitable omnicide.
Ah, Joe, are you on another planet? Whenever someone finds someone else failing to obey Fearless Leader, our job is to make sure that the disobedient are turned into the authorities of blind obedience.
Oh, do I have the wrong narrative?
Joe, Joe, Joe, where have you been, the moral parts of humanity are not conducive to a life of freedom facilitated with free stuff.
Freedom from moral responsibility!
The Conviction Factory, The Collapse of America's Criminal Courts, by Roger Roots
"For decades before and after the Revolution, the adjudication of criminals in America was governed primarily by the rule of private prosecution: (1) victims of serious crimes approached a community grand jury, (2) the grand jury investigated the matter and issued an indictment only if it concluded that a crime should be charged, and (3) the victim himself or his representative (generally an attorney but sometimes a state attorney general) prosecuted the defendant before a petit jury of twelve men. Criminal actions were only a step away from civil actions - the only material difference being that criminal claims ostensibly involved an interest of the public at large as well as the victim. Private prosecutors acted under authority of the people and in the name of the state - but for their own vindication. The very term "prosecutor" meant criminal plaintiff and implied a private person. A government prosecutor was referred to as an attorney general and was a rare phenomenon in criminal cases at the time of the nation's founding. When a private individual prosecuted an action in the name of the state, the attorney general was required to allow the prosecutor to use his name - even if the attorney general himself did not approve of the action.
"Private prosecution meant that criminal cases were for the most part limited by the need of crime victims for vindication. Crime victims held the keys to a potential defendant's fate and often negotiated the settlement of criminal cases. After a case was initiated in the name of the people, however, private prosecutors were prohibited from withdrawing the action pursuant to private agreement with the defendant. Court intervention was occasionally required to compel injured crime victims to appear against offenders in court and "not to make bargains to allow [defendants] to escape conviction, if they...repair the injury."
Law Enforcement as a Universal Duty
"Law enforcement in the Founders' time was a duty of every citizen. Citizens were expected to be armed and equipped to chase suspects on foot, on horse, or with wagon whenever summoned. And when called upon to enforce the laws of the state, citizens were to respond "not faintly and with lagging steps, but honestly and bravely and with whatever implements and facilities [were] convenient and at hand. Any person could act in the capacity of a constable without being one, and when summoned by a law enforcement officer, a private person became a temporary member of the police department. The law also presumed that any person acting in his public capacity as an officer was rightfully appointed."
"Immediately upon discovering the facts that prove beyond doubt that the growing pile of tortured innocent souls caught dead to rights in their infantile states, the dependent individual turned to the line of ripe and ready victims with a whip and a demonic hatred of them, terrorizing each new victim in line, ensuring that the clear and present danger to humanity was fed as rapidly as required to satisfy its lust for blood.