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react
hello,
I dont know how a judge will react, but freeman has a great example of how to trap the judge if you do it correctly.
"Question: How did you "box in" the Judge? This is easy to do if you don't know too much. I didn't know too much, but I boxed him in. You must play a little dumb. If you are arrested and you go into court, just remember that in a criminal action, you have to understand the law or it is a reversible error for the court to try you. If you don't understand the law, they can't try you. (5 UCC Y3-415). "Accommodation Party." One who signs commercial paper in any capacity for purpose lending his name to another party to instrument. Such a party is a surety. Surety is, "One who undertakes to pay money or do other act in the event that his principal fails therein." In any traffic case or tax case you are called into court and the judge reads the law and then asks, "Do you understand the charges?"
Defendant: No, your Honor, I do not. Judge: "Well, what's so difficult about that charge? Either you drove the wrong-way on a one-way street or you didn't. You can only go one way on that street, and if you go the other way it's a fifty dollar fine. What's so difficult about this that you don't understand?" Defendant: Well, You Honor, it's not the letter of the law, but rather the nature of the law that I don't understand. The Sixth Amendment of the Constitution gives me the right to request the court to explain the nature of any action against me, and upon my request, the court has the duty to answer. I have a question about the nature of this action.
Judge: Well, what is that? What do you want to know? Always ask some easy questions first, as this establishes the fact that they are answering. You ask: Defendant: Well, your Honor, is this a Civil or a Criminal Action? Judge: It is a criminal. (If it were a civil action there could be no fine, so it has to be criminal.) Defendant: Thank you, your Honor, for telling me that. Then the record will show that this action against (your name) is a criminal action, is that right? Judge: Yes.
Defendant: I would like to ask another question about this criminal action. There are two criminal jurisdictions mentioned in the Constitution: one is under the Common Law, and the other deals with International Maritime Contracts, under Admiralty Jurisdiction. Equity is Civil, and you said this is a Criminal action, so it seems it would have to be under either the Common Law, or Maritime Law. But what puzzles me, your Honor, is that there is no corpus delecti here that gives the court a jurisdiction over my person and property under the Common Law. Therefore, it doesn't appear to me that this court is moving under the Common Law.
Judge: No, I can assure this court is not moving under the Common Law. Defendant: Well, thank you, your Honor, but now you make the charge against me even more difficult to understand. The only other criminal jurisdiction would apply only if there was an International Maritime Contract involved. I would have to a party to it, and it would have to be breached. Too, the court would have to be operating in an Admiralty Jurisdiction.
I don't believe I have ever been under any International Maritime contract, so I would deny that one exists. I would have to demand that such a contract, if it does exist, be placed in evidence, so that I would have the chance to contest it. But surely, this court is not operating under an Admiralty Jurisdiction.
You just put the words in the judges mouth.
Judge: No, I can assure you, we're not operating under an Admiralty Jurisdiction. We're not out in the ocean somewhere. We're right here in the middle of the State of (any state). No, this is not an Admiralty Jurisdiction. Defendant: Thank you your Honor, but now I am more puzzled that ever. If this charge is not under the Common Law, or under Admiralty -- and those are the only two criminal jurisdictions mentioned in the constitution -- what kind of jurisdiction could this court be operating under? Judge: It's Statutory Jurisdiction.
Defendant: Oh, thank you, your Honor. I'm glad you told me that. But I have never heard of that jurisdiction. So, if I have to defend under that jurisdiction, I would need to have the Rules of Criminal Procedure for Statutory Jurisdiction. Can you tell me where I might find those rules?
There are no rules for Statutory Jurisdiction; so the judge will get very angry at this point and say: Judge: If you want the answers to questions like that, you get yourself a licensed attorney. I'm not allowed to practice law from the bench.
Defendant: Oh, your Honor, I don't think anyone would accuse you of practicing law from the bench if you just answered a few questions to explain to me the nature of this action, so that I might defend myself. Judge: I told you before, I am not going to answer any more questions. Do you understand that? If you ask any more questions in regards to this, I'm going to find you in contempt of court! Now if you can't afford a licensed attorney, the court will provide you with one. But if you want those questions answered, you must get yourself a licensed attorney.
Defendant: Thank you, your Honor, but let me just see if I got this straight. This court has made a legal determination that it has authority to conduct a criminal action against me, the accused, under a secret jurisdiction, the rules of which are known only to this court and licensed attorneys, thereby denying me the right to defend in my own person?
He has no answer for that. The judge will probable postpone the case and eventually just let it go. In this way, you can be as "wise as a serpent and as harmless as a dove, but you mustn't go into court with a chip on your shoulder and as a wolf in "black sheep" country. Remember [the Savior's] words, "I send you out as sheep in wolf country, be wise as a serpent, and harmless as a dove." Sheep do not attack wolves directly. Just be an innocent little lamb who just can't understand the charge. Remember, too, they can't try you criminally if you don't understand the charge. That would automatically be a reversible error on appeal. "
Hope this is helpful.
Campy
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"If medicine was supposed to taste good, I'd pour cough syrup on my pancakes" - Jimmy James
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