Section 4: TRIAL BY JURY:
It’s important to note that the People’s Grand Jury will not judge, try, or convict anyone. The People’s Grand Jury will simply hear the charges against Public Servants accused of Betraying their Oath of Office and determine if the charges are probable. If so, the case will be forwarded to court for a trial before a jury of the people.
A jury trial is the corner stone of justice guaranteed by both the U.S. and Michigan Constitutions.
Amendment 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,.. nor be deprived of life, liberty, or property, without due process of law;
Amendment 6: 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 1 Section 14: The right of trial by jury shall remain, but shall be waived in all civil cases unless demanded by one of the parties in the manner prescribed by law. In all civil cases tried by 12 jurors a verdict shall be received when 10 jurors agree.
Section 4 (a): Cases indicted by the People’s Grand Jury will be filed with the circuit court servicing the county of the Complainant;
Section 4 (a) is consistent with Amendment 6 in the US Constitution which reads in part: “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.”
Section 4 (b): The court will be under the direct authority and jurisdiction of the United States Constitution and the interpretation of the Michigan or U.S. Constitutions, law, or fact by either the Complainant or Public Servant may not be limited or infringed.;
The state has a tendency to protect itself by making court rules which limit discussion or argument. Section 4 (b) reinforces that our right to a trial by jury is protected by the US Constitution and cannot be infringed by judicial discretion or state imposed court rules.
The 6th Amendment of the US Constitution reads in part: “the accused shall enjoy the right … 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…”
Section 4 (b) ensures that the court may not limit the ability of the Complainant to detail the charges against the Public servant — including citing provisions from the constitution(s) and their personal interpretation of how these provisions were betrayed. Additionally, the Public Servant may not be limited in any manner for obtaining witnesses in his favor — meaning the court must allow testimony from both themselves and others citing constitutional provisions and their interpretation of how their actions were constitutionally justified by these provisions.
Section 4 (b) eliminates the discretion of the judge to instruct the jury with a command to the effect, “I (the judge) will tell you what the Constitution states and means, you must rule based on my interpretation”; and then limit discussion of constitutional law or fact by either the Complainant or Public Servant.
The jury of the people must be able to hear both sides of the argument — the full constitutional justification for the charges by the Complainant and full constitutional justification for the defence of action by the Public Servant — then decide for themselves which arguments are proper and valid.
Section 4 (c): The case must be added to the court’s docket and scheduled for a speedy and public trial by jury;
Since the state has a tendency to protect itself, it’s possible that the court may refuse to add a case of Betraying Your Oath of Office to the court’s docket — allowing the charges to linger indefinitely.
Section 4 (c) eliminates discretion and reinstates the basic right to a speedy trial guaranteed by the 6th Amendment to the US Constitution: “…the accused shall enjoy the right to a speedy and public trial,”
Section 4 (d): All trials arising from provisions within this Article must be tried before 12 jurors and a decision shall be received when 10 of the jurors agree;
Section 4 (d) conforms with the Michigan Constitution’s Article 1 Section 14 which reads: “…In all civil cases tried by 12 jurors a verdict shall be received when 10 jurors agree.”
Therefore, at least 10 jurors must agree for a guilty verdict, or at least 10 jurors must agree for a not guilty verdict. When less than 10 jurors agree, the verdict is indecisive and the parties involved must decide whether to proceed with a retrial.
If the Public servant is not found guilty, they do not lose their position or face punishment. If the jury verdict results in indecision, neither party must reimburse the other’s court costs.
Section 4 (e): The Complainant and Public Servant will each secure and pay for their own counsel;
Both the Complainant and Public Servant must secure their own counsel for prosecution and defense. The Public servant does not have immunity from prosecution, and cannot have the state secure or pay for their defense.
Section 4 (f): Appeals arising from trials under this Article must be heard and decided by a jury of the people.
The appeals court in Michigan consists of a panel of state employed judges. The Court of Appeals is established within the Michigan Constitution, but there is no requirement that all appeals must be heard by this court of judges instead of a jury of the people. Doing so would negate our constitutionally protected rights.
Article 6 Section 5 of the Michigan Constitution clearly states: “The supreme court shall by general rules establish, modify, amend and simplify the practice and procedure in all courts of this state.” Therefore, if the people of this state, demand that appeals of the verdict pertaining to the crime of Betraying Your Oath of Office be decided by a jury of the people, and this requirement is added to the Michigan Constitution, then the supreme court must make the appropriate rules to satisfy this constitutional requirement.