Reform Of The Judicial System

[GandolphThePoet]

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The reform of the judicial system requires three major changes which, if implemented, would fundamentally change the system from one which is under the authority of the state to one which would act under the authority of a sovereign people. In order to implement this, the powers of the state would be transferred to the people by enhancing the powers of the GRAND JURY, the PETIT JURY, and ELECTED JUDGES with long terms but subject to recall.
The Grand Jury would assume the present powers given to the states which would allow that Jury to retain all the powers of the Judiciary between the commission of a crime until the opening of the trial. At which time, all the powers of the Grand Jury would be transferred to the Petit Jury. The Petit Jury would assume all state powers until they reach a sentencing verdict in the trial. At which time, the presiding Judge shall assume the powers of the state over the defendant after sentencing until or unless an Appeals Court , at their option were to assume those powers. The essence of these changes would result in the removal of all powers from the state prosecutorial authority. All cases under the law would have to be submitted to the Grand Jury for disposition at its total discretion and authority.

 

[George Costanza]

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The Grand Jury would assume the present powers given to the states which would allow that Jury to retain all the powers of the Judiciary between the commission of a crime until the opening of the trial.

Who would decide things such as pretrial motions? Will the Grand Jury be making legal decisions on such things as search and seizure issues, lineup motions, etc.?

At which time, all the powers of the Grand Jury would be transferred to the Petit Jury. The Petit Jury would assume all state powers until they reach a sentencing verdict in the trial.

What does this mean? Who presides over the trial - the jury itself? Where is the judge during trial? What is his function? You suggest that "all state powers" will be lodged in the Petit Jury. What does that mean? No prosecutor?

At which time, the presiding Judge shall assume the powers of the state over the defendant after sentencing until or unless an Appeals Court , at their option were to assume those powers.

Ah - finally, we get to see the judge in action. Doing what? The defendant has already been convicted and sentenced.

The essence of these changes would result in the removal of all powers from the state prosecutorial authority. All cases under the law would have to be submitted to the Grand Jury for disposition at its total discretion and authority.

Seems to me this proposal is more than a little thin in the area of legal guidance. Members of the Grand Jury and/or a Petit Jury, are not legally trained to make the myriad of legal decisions that are called upon to be made during the entire course of a criminal prosecution.

Perhpas I am missing something. If so, please enlighten me . . . .