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Recap: Individual member of the human species seeks afforded access to actual Rule of Law.

Step 1: Free the mind (know human rights)
Step 2: Gain physical freedom (move to physical liberty after securing mental liberty)
Step 3: Contact the most powerful fellow free individual in liberty to record a valid accusation

Data A:

The Conviction Factory, The Collapse of America's Criminal Courts, by Roger Roots
Page 40
Private Prosecutors
"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."

That source of Data is heavily backed up with references to specific documentation. I have found additional documentation on my own. Also there are the guiding principles that work naturally as human beings employ their individual powers of moral conscience, reason, logic, experience, learning, and skill development.

Data B:

The People's Panel
The Grand Jury in the United States, 1634 - 1941
Richard D. Younger

Page 3

"They proved their effectiveness during the Colonial and Revolutionary periods in helping the colonists resist imperial interference. They provided a similar source of strength against outside pressure in the territories of the western United States, in the subject South following the Civil War, and in Mormon Utah. They frequently proved the only effective weapon against organized crime, malfeasance in office, and corruption in high places.

"But appreciation of the value of grand juries was always greater in times of crisis, and, during periods when threats to individual liberty were less obvious, legal reformers, efficiency experts, and a few who feared government by the people worked diligently to overthrow the institution. Proponents of the system, relying heavily on the democratic nature of the people's panel, on its role as a focal point for the expression of the public needs and the opportunity provided the individual citizen for direct participation in the enforcement of law, fought a losing battle. Opponents of the system leveled charges of inefficiency and tyranny against the panels of citizen investigators and pictured them as outmoded and expensive relics of the past. Charges of "star chamber" and "secret inquisition" helped discredit the institution in the eyes of the American people, and the crusade to abolish the grand jury, under the guise of bringing economy and efficiency to local government, succeeded in many states."

That source clearly shows the role of the grand jury as a representative of individual people who constitute the whole number of people (The Public) as opposed to a judge representing and biased for the group of people who constitute the government.

Data C:

Notes on the State of Virginia
Thomas Jefferson, 1781

"The state is divided into counties. In every county are appointed magistrates, called justices of the peace, usually from eight to thirty or forty in number, in proportion to the size of the county, of the most discreet and honest inhabitants. They are nominated by their fellows, but commissioned by the governor, and act without reward. These magistrates have jurisdiction both criminal and civil.

"If the question before them be a question of law only, they decide on it themselves: but if it be of fact, or of fact and law combined, it must be referred to a jury. In the latter case, of a combination of law and fact, it is usual for the jurors to decide the fact, and to refer the law arising on it to the decision of the judges. But this division of the subject lies with their discretion only. And if the question relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact. If they be mistaken, a decision against right, which is casual only, is less dangerous to the state, and less afflicting to the loser, than one which makes part of a regular and uniform system.

"In truth, it is better to toss up cross and pile in a cause, than to refer it to a judge whose mind is warped by any motive whatever, in that particular case. But the common sense of twelve honest men gives still a better chance of just decision, than the hazard of cross and pile. These judges execute their process by the sheriff or coroner of the county, or by constables of their own appointment. If any free person commit an offence against the commonwealth, if it be below the degree of felony, he is bound by a justice to appear before their court, to answer it on indictment or information.

"If it amount to felony, he is committed to jail, a court of these justices is called; if they on examination think him guilty, they send him to the jail of the general court, before which court he is to be tried first by a grand jury of 24, of whom 13 must concur in opinion: if they find him guilty, he is then tried by a jury of 12 men of the county where the offence was committed, and by their verdict, which must be unanimous, he is acquitted or condemned without appeal."

Again, reinforced, the non-biased non-government, independent, individuals who represent the whole people are opposed to the few powerful people employed as government agents who are biased toward the government, and so where does someone seeking affordable access to the Law of the Land go, and where does that individual go when the perpetrator in question is a member of the government, such as a Summary Justice Judge running an Equity, Admiralty, or some other similarly named non-law court?

Data D:

Court of Oyer and Terminer, at Philadelphia
February Sessions, 1788
U.S. Supreme Court
RESPUBLICA v. SHAFFER, 1 U.S. 236
M'Kean, Chief Justice.

"It is a matter well known, and well understood, that by the laws of our country, every question which affects a man's life, reputation, or property, must be tried by twelve of his peers; and that their unanimous verdict is, alone, competent to determine the fact in issue. If then, you undertake to enquire, not only upon what foundation the charge is made, but, likewise, upon what foundation it is denied, you will, in effect, usurp the jurisdiction of the Petty Jury, you will supercede the legal authority of the court, in judging of the competency and admissibility of witnesses, and, having thus undertaken to try the question, that question may be determined by a bare majority, or by a much greater number of your body, than the twelve peers prescribed by the law of the land. This point has, I believe, excited some doubts upon former occasions but those doubts have never arisen in the mind of any lawyer, and they may easily be removed by a proper consideration of the subject. For, the bills, or presentments, found by a grand Jury, amount to nothing more than an official accusation, in order to put the party accused upon his trial: 'till the bill is returned, there is, therefore, no charge from which he can be required to exculpate himself; and we know that many persons, against whom bills were returned, have been afterwards acquitted by a verdict of their country. Here then, is the just line of discrimination: It is the duty of the Grand Jury to enquire into the nature and probable grounds of the charge; but it is the exclusive province of the Petty Jury, to hear and determine, with the assistance, and under the direction of the court, upon points of law, whether the Defendant is, or is not guilty, on the whole evidence, for, as well as against, him. You will therefore, readily perceive, that if you examine the witnesses on both sides, you do not confine your consideration to the probable grounds of charge, but engage completely in the trial of the cause; and your return must, consequently, be tantamount to a verdict of acquital, or condemnation. But this would involve us in another difficulty; for, by the law it is declared that no man shall be twice put in jeopardy for the same offence: and, yet, it is certain that the enquiry, now proposed by the Grand Jury, would necessarily introduce the oppression of a double trial. Nor is it merely upon maxims of law, but, I think, likewise, upon principles of humanity, that this innovation should be opposed. Considering the bill as an accusation grounded entirely upon the testimony in support of the prosecution, the Petty Jury receive no biass from the sanction which the indorsement of the Grand Jury has conferred upon it. But, on the other hand, would it not, in some degree, prejudice the most upright mind against the Defendant, that on a full hearing of his defence, another tribunal had pronounced it insufficient? which would then be the natural inference from every true bill. Upon the whole, the court is of opinion, that it would be improper and illegal to examine the witnesses, on behalf of the Defendant, while the charge against him lies before the Grand Jury."

Recap:
Step 1: Free the mind (know human rights)
Step 2: Gain physical freedom (move to physical liberty after securing mental liberty)
Step 3: Contact the most powerful fellow free individual in liberty to record a valid accusation

An actual representative of the whole people (a republican) empowered with the skill and knowledge to move forward an accusation at law is a member of a common law grand jury in any county in any state federated into United States of America (plural).

That is the correct, lawful, gatekeeper. Where is one, and what happens of one is not found up to the point at which the individual in distress meets, or makes contact with, a counterfeit, an impostor, a fraud, and a treasonous criminal who represents the government instead of the people as a whole?

Step 1 is managed, and then Step 2 is also managed after Step 1, as the individual member of The Public moves to the lawful next Step, seeking a powerful individual who is also a member of The Public, not a member of the government. On the way to Step 3 the individual contacts a treasonous fraud instead of a lawful magistrate or justice of the peace.

Step 1: Free the mind
Step 2: Free the body
Step 3: Does not find a representative of the people in a republic.

Step 1: Mind is free
Step 2: Body is free
Step 3: Clear and present danger, probable cause for defense, an encounter with a treasonous fraud pretending to be an officer of the law.

The obvious thing to do is to document the encounter with the treasonous fraud in such a way as to then be able to employ the documentation during a future defense against that additional threat to life, liberty, and property.

What about the original cause that inspires the individual to gain affordable access to rule of law?

Added to the original cause of action (lawful cause of action) is an additional demand, a cost, to be born by the individual already in distress, as the individual is then sent back to Step 3.

What if the individual is fooled by the treasonous fraud pretending to be an officer of the law?

In that case the individual was clearly not free of mind in the first place.

Josf-Kelley 8 Jan 15
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