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1782
Jean-Paul Marat, inspired
by Rousseau and Cesare Beccaria, publishes a polemic for penal reform Plan
de législation criminelle at a competition backed by Frederick the
Great and Voltaire.
Marat's entry contains radical ideas:
society should provide fundamental natural needs, such as food and
shelter, if it expected all its citizens to follow civil laws;
the King
was no greater than the "first magistrate" of his people;
that there
should be a common death penalty regardless of class;
each town should
have a dedicated "avocat des pauvres" and set up independent criminal
tribunals with 12-man juries to ensure fair trials.
July 17, 1793
Charlotte Corday, a Girondin
sympathiser, who came from an impoverished royalist family is guillotined for
Marat's murder.
During Charlotte Corday four-day trial, she testified
that she had carried out the assassination alone, saying "I killed one man to
save 100,000."
After Marat's death, he was viewed by many as a martyr
for the revolution, and is immortalized in various ways to preserve the values
he stood for.
His heart was embalmed separately and placed in an urn in
an altar erected to his memory at the Cordeliers
Written records of
interrogations of criminal suspects in Leiden, Netherlands between 1678 and
1794 formed the basis of an analysis of offense patterns for male and female
offenders in that impoverished industrial city during that period.
Data
were gathered on the suspect's name, age, sex, birthplace, address, marital
status, children, occupation, spouse's occupation, location and nature of the
offense, prior offenses, disposition, and related information.
Results
revealed that male suspects were involved in 1,266 cases and female suspects in
1,012 cases.
The men were accused of 1,638 crimes and the women of
1,198 crimes.
The main gender differences in offenses related to moral
offenses and violence.
Women committed more moral offenses, while men
committed more violent offenses.
Men were also more likely than women
to be involved in public order offenses, but only small differences were found
in property offenses.
In addition, women tended to commit their crimes
alone, whereas men tended to act in groups.
Furthermore, short prison
sentences were usually given in cases involving violence, drunkenness, and
other offenses; 299 men and 188 women were
flogged,
branded, or physically
punished in another way.
Some men received death
sentences after a long series of property crimes.
Corpus Delicti
"For a crime to
exist, there must be an injured party (Corpus Delicti) There can be
no sanction or penalty
imposed on one because of this Constitutional right." Sherer v. Cullen 481
F. 945: "With no injured party, a complaint is invalid on its face". Gibson v.
Boyle, 139 Ariz. 512
Supreme courts ruled "Without Corpus delicti there
can be no crime""In every prosecution for crime it is necessary to establish
the "corpus delecti", i.e., the body or elements of the crime." People v.
Lopez, 62 Ca.Rptr. 47, 254 C.A.2d 185.
"In every criminal trial, the
prosecution must prove the corpus delecti, or the body of the crime
itself-i.e., the fact of injury, loss or harm, and the existence of a criminal
agency as its cause. " People v. Sapp, 73 P.3d 433, 467 (Cal. 2003) [quoting
People v. Alvarez, (2002) 27 Cal.4th 1161, 1168-1169, 119 Cal.Rptr.2d 903, 46
P.3d 372.].
"As a general principal, standing to invoke the judicial
process requires an actual justiciable controversy as to which the complainant
has a real interest in the ultimate adjudication because he or she has either
suffered or is about to suffer an injury. " People v. Superior Court, 126
Cal.Rptr.2d 793.
"Without standing, there is no actual or justiciable
controversy, and courts will not entertain such cases. (3 Witlen, Cal.
Procedure (3rd ed. 1985) Actions § 44, pp 70-72.) "Typically, … the
standing inquiry requires careful judicial examination of a complaint's
allegations to ascertain whether the particular plaintiff is entitled to an
adjudication of the particular claims asserted. " (Allen v. Wright, (1984) 468
U.S. 737, 752…Whether one has standing in a particular case generally
revolved around the question whether that person has rights that may suffer
some injury, actual or threatened. " Clifford S. v. Superior Court, 45
Cal.Rptr.2d 333, 335.
There are seven elements of jurisdiction and
every element MUST be met in order for the court to proceed.
SEVEN
ELEMENTS OF JURISDICTION:
1. The accused must be properly identified,
identified in such a fashion there is no room for mistaken identity. The
individual must be singled out from all others; otherwise, anyone could be
subject to arrest and trial without benefit of "wrong party" defense. Almost
always, the means of identification is a person's proper name, BUT ANY MEANS OF
IDENTIFICATION IS EQUALLY VALID IF SAID MEANS DIFFERENTIATES THE ACCUSED
WITHOUT DOUBT. (There is no
constitutionally valid requirement you must identify yourself, see 4th
Amendment; also see, Brown vs. Texas, 443 US 47 and Kolender v. Lawson 461 US
352.)
2. The statute of offense must be identified by its proper or
common name. A number is insufficient. Today, a citizen may stand in jeopardy
of criminal sanctions for alleged violation of statutes, regulations, or
even low-level bureaucratic orders
(example: colorado National Monument Superintendent's Orders regarding an
unleashed dog or a dog defecating on a trail). If a number were to be deemed
sufficient, government could bring new and different charges at any time by
alleging clerical error. For any act to be triable as an offense, it must be
declared to be a crime. Charges must meet the statutory definition of an
offense without exception.
3. The acts of alleged offense must be described in non-prejudicial
language and detail so as to enable a person of average intelligence to
understand nature of charge (to enable preparation of defense); the actual act
or acts constituting the offense complained of. The charge must not be
described by parroting the statute; not by the language of same. The naming of
the acts of the offense describes a specific offense whereas the verbiage of a
statute describes only a general class of offense. Facts must be stated.
Conclusions cannot be considered in the determination of probable cause.
4. The accuser must be named. He/she may be an officer or a third
party, but some positively identifiable person (human being) must accuse; some
certain person must take responsibility for the making of the accusation, not
an agency or an institution. This is the only valid means by which a citizen
may begin to face his accuser. Also, the injured party (corpus delicti) must
make the accusation. Hearsay evidence may not be provided. Anyone else
testifying that they heard that another party was injured does not qualify as
direct evidence.
5. The accusation must be made under penalty of
perjury. If perjury cannot reach the accuser, there is no accusation.
Otherwise, anyone may accuse another falsely without risk.
6. To comply
with the five elements above, that is for the accusation to be valid, the
accused must be accorded due process. Accuser must have complied with law,
procedure and form in bringing the charge. This includes court-determined
probable cause, summons and notice procedure. If lawful process may be
abrogated in placing a citizen in jeopardy, then any means may be utilized to
deprive a man of his freedom, and all dissent may be stifled by utilization of
defective process.
"The essential elements of due process are notice and
an opportunity to defend. "Simon v. Craft, 182 US 427. "one is not entitled to
protection unless he has reasonable cause to apprehend danger from a direct
answer. The mere assertion of a privilege does not immunize him; the court must
determine whether his refusal is justified, and may require that he is mistaken
in his refusal. "Hoffman v. United States, 341 U.S. 479 (1951)
7. The
court must be one of competent jurisdiction. To have valid process, the
tribunal must be a creature of its constitution, in accord with the law of its
creation, i.e., Article III judge. Lacking any of the seven elements or
portions thereof, (unless waived, intentionally or unintentionally) all
designed to ensure against further prosecution (double jeopardy); it is the
defendant's duty to inform the court of facts alleged for determination of
sufficiency to support conviction, should one be obtained. Otherwise, there is
no lawful notice, and charge must be dismissed for failure to state an offense.
Without lawful notice, there is no personal jurisdiction and all proceedings
prior to filing of a proper trial document in compliance with the seven
elements is void. A lawful act is always legal but many legal acts by
government are often unlawful. Most
bureaucrats lack
elementary knowledge and
incentive to comply
with the mandates of constitutional due
process. They will make mistakes. Numbers beyond count have been convicted
without benefit of governmental adherence to these seven elements. Today,
informations are being filed and prosecuted by "accepted practice" rather than
due process of law.
Jurisdiction, once challenged,
is to be proven, not by the court, but by the party attempting to assert
jurisdiction. The burden of proof of jurisdiction lies with the asserter. The
court is only to rule on the sufficiency of the proof tendered. See, "McNutt
v. General Motors Acceptance
Corp, 298 U.S. 178 (1936). The origins of this doctrine of law may be
found in "MAXFIELD v. LEVY, 4 U.S. 330 (1797), 4 U.S. 330 (Dall.) 2 Dall. 381 2
U.S. 381 1 L.Ed. 424
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author feels that the falsification of reality outside personal experience has
forged a populace unable to discern propaganda from
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reality on the human race. Religious intolerance occurs
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system of philosophy named The Truth of the Way of the Lumière Infinie -
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Civilization is based on coöperation. Coöperation does not occur at
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American social mores and values have declined
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have been preprogrammed into the population through prior mass media
psychological operations. The results have been the destruction of the family
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international elites vision of a
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corrupt international elite that further consolidates their power and which
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