In order tor a crime to take place there must first create a victim. The individual accused of a crime must violate the life, liberty or property of another individual. One of the rights mandated in our Bill of Rights is a person accused of a crime is the right to cross examine the witnesses against him. In other words, the defendant has a right to confront the injured party.
If there is no injured party, and hence, no one to cross examine, the individual accused of the crime cannot defend himself in a court of law.
An government is a legal fiction and has no rights and cannot be an injured party. Only human beings have rights. Individuals can testify against an accused person but a legal fiction cannot. When an unjust law is enforced, the accused individual becomes a victim.
"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 defense."
Ninety Eight Percent of the people in prison were denied their right to a trial by a jury. In order to avoid the possibility of being convicted of a more serious crime the accused pleads guilty to a lesser crime. In many cases they have committed no crime at all. This practice is an enemy of justice and a great way to raise money for corrupt lawyer and judges.
In the land of the free, we have more of our people in prison than any other country in the world. The biggest crime today is that we incarcerate people for committing victim-less crimes.
Hale versus Hinkel is it actual law ? if its in conflict with the Constitution then its not, but if it is not in conflict then its law. what is a actual law, compared to a opinion or a statues or code or a so called law behind the color of law.
Everything we do has a remedy and recourse at all operations of the courts, but they like to eliminate the actual compact contract between the people- we the people, and enforce illegal contracts behind the scenes that is unconstitutional. The rule of law is the Contract of the Constitutions of the states that are in harmony- when the joining of the union. its bound and no other.
If you don't know then they say what it is. but however by enumerated laws the locked laws in the locked contracts is the supreme law of the land , unless it is in conflict with any part of the Constitutions at state level or any level for that matter.
Any unknown contract is illegal and is fraud and is treason by sedition its simple, this would include any case law a corrupt judge or lawyer implemented illegality. if you ignore the contract of the states compact contract promise then this is fraud and a crime. duane Kirkland...... the bill of rights advocate .........
What's the merits of Hale v Hinkel ... ?
Our U.S.A. Constitution is based on Common Law, which is rarely used now. Common law is mostly not in writing. It is abstract legal concepts. Derived from principles rather than rules. It uses malum in se (= wrong or evil in itself), as opposed to malum prohibitum (wrong or evil just because it is prohibited). An act is a crime only if there is victim and harm, injury or damage done to the victim. No victim = no crime. Cannot lawfully be modified, limited nor abrogated by legislature or other government department. Must be common, not rare such as Roe v. Wade.
I'm sorry I'm late to the discussion. All of you so far are into the edge of the problem. Now let's get into the meat of the situation. We all pledge allegiance to the world's largest corporation which is pretending to be a country called the United States. Since the country is artificial, as all corporations are, when you go into its artificial courts, you must also be made artificial so they can prosecute you for breaking one of their artificial laws. The court can't put a fiction in jail so they get you to volunteer to go to jail in the fiction's place. It's a completely fake system and a scam from the get-go and instead of re-inhabiting the real underlying country which was abandoned over 200 years ago, most patriots want to spend their time trying to repair some of the bylaws of the Corporation's Constitution. That Constitution is not yours or mine and it never was. George Washington and the rest of those scumbags sold us out. Patrick Henry wouldn't sign the Constitution, and when he was asked why not, he said because I smell a rat. Don't believe me? Check it out, the info is all available. you just have to dig a little because the US corporation doesn't really want us to know and they prefer we all just keep chasing our tails the way we have been. My wife and I will soon be two new inhabitants of the original country made out of dirt rocks and trees and not a citizen of some fiction suspended in the air above the earth.
"George Washington and the rest of those scumbags sold us out" ?
The original Constitution wasn't subverted during George's lifetime, so how do statements like that, do anything but muddy the water and undermine the credibility of what is true and THE PROBLEM!
My understanding is our ancestors were struggling under the tyrannical rule of The King of Great Britton and George Washington was seriously instrumental in those chains being broken.
Perhaps you meant Abe Lincoln, or Woodrow Wilson, even FDR... I have been wrong many times, before and please do not hesitate to correct me here. I may well need it.
The meat from Kirkland.......... thoughts,
We all pledge allegiance to the world's largest corporation which is pretending to be a country called the United States. Since the country is artificial, as all corporations are, when you go into its artificial courts, you must also be made artificial so they can prosecute you for breaking one of their artificial laws. ……………….
(Well your some what right , but however the ones who are tricked into legal slavery yes, but those who know the difference of being tricked into the corporation of the united states, know that the difference is the united states of America versus united states corporation. Even though the pledge of allegiance we did every morning was to the United states of America not the corporation. The pledge was really meant for the unity of the compact states of the Union under to be governed by Constitution. )
The court can't put a fiction in jail so they get you to volunteer to go to jail in the fiction's place.
(They utilize fraud and the miss prescription of trickery admiralty of international and foreign rule of law, by tricking one and programing those who fall right into legal slavery. )
It's a completely fake system and a scam from the get-go and instead of re-inhabiting the real underlying country which was abandoned over 200 years ago, most patriots want to spend their time trying to repair some of the bylaws of the Corporation's Constitution.
(Even though the fake systems is a scam, there is still the rule of law in place , and we must enforce it and expose the trickery and the distinctive difference between the actual country versus the corporation country that I in Hq district of Colombia.
The fact of the matter is that we must claim the old traditions of the true intent of the United states of America versus the district of Colombia. And restore the life liberty and justice for all. The real scheme lies within the corporations and institutions who don't govern by Constitutions.
It s clearly fraud and against the actual intent of the nation. But the gig is up, and the masses are helping restoring the actual Constitutional law of the nation.
By questing and realizing of the common law factors of no crime unless there is the elements of a actual crime. And to know and teach the distinctive difference of actual Constitutional law versus fake law implemented by the enemies within.
The Constitution is ours and its true intent and writings was protected and preserved so that we can learn from the past.
The Constitutions was created by whole men that was inspired from God. And those who think other wise is a big part of the problem and I would pledge to defend the allegiance to the flag of the unites states of the true intent.
And I did and I shall until the day I perish to the soil of the ground of the fathers of this great nation.)
(The Constitutions that are in harmony was for the people we the people, and to the people governed by true Constitutional acts , not trickery so called conflicting so called unconstitutional acts.
Just because of the actions of trickery intent is no reason to down play the actual true intent of the fathers of the states or nation.
No one sold out except those who had no clue of trickery and illegal matters, and was formally warned to all when the old republic was in operation
Its not the the fathers fault because of modern idiots who believe that the republic could not be infiltrated, by it enemies within.
Now we as the good people , we the people must restore the old republic that was stolen from us and used against the people we the people.
I am appalled to think of the old republic to be scumbags, and I would to this day protect them and treasure them of all the work they must have went through to create the declaration of independence and the founding Federalist papers.
Furthermore, all document personal documents of the writings that are preserved in the library of the congress, well guarded.
Even thou the enemies rewrote a lot of fraudulent obstructions of the actual writings. Who ‘s fault is it ? Its the one who rewrote the writing and illegality tricked the population of the corporations.
Its not the fathers fault of the ones elected to destroy the true intent. Those enemies within, judges and lawyers , and infiltrated mob rule democracy democratic pukes and all supporting institution is the problem, not obeying the allegiance to the flag the United states of America, of its true intent.
The perception of the lies upon the the fathers of the nation. The problem lies in the infiltration of the lawyers and the judges written illegal opinion of the true intent.
If it was not for the fathers writings and the wisdom inspired by God we would have been distorted destroyed much sooner and have perished. But we the people the masses is still here.
Thank God its reviving and those who are against its traditions and principles will perish..
Soon we will all perish to the earth and our souls to the creator for judgment day, but I belove, believe just because of the fathers of the nation and the one and only God ,who I know that inspired them, , our nation will live another 200 plus years again and the history and the preservations of the written documents shall be guarded and shared for all to see who truly wants freedom and life and liberty and justice for all, and to pursue happiness. And to have allegiance to the flag of the United states of America, not the united states of corporations.)
Closing thought, those who don't figure out the truth shall perish just as those who are of the enemies of the republic, the old republic the fathers true intent, and if not this free nation, one nation of the world will prevail as those others perish. Who says so God and history says so. America shall live another 200 years plus. )
Reply to Frederick Rehders.
As I understand it the reason the framers of the Constitution got together was to set up a better tax collection system for the Confederation of 13 individual countries that comprised The United States of America at that time. After they got together some in their group convince the rest to build a whole new incorporated country and ignore The United States of America they fought so hard to free from Great Britain. What they didn't seem to realize was that the Dutch crown would end up with a controlling interest in the corporation that new constitution would form. Since I don't think that George and his buddies were stupid people my feeling is that they sold us out on purpose for some kind of gain or promise. Those interlocking Dutch corporations are ruling our country to this day pretending to be the United States the USA etc. They are based on Manhattan Island which the Dutch purchased from some natives for a bag of beads and still own to this day. Since that time we've had some worse presidents of the corporation than at other times. You mentioned Lincoln and he was one of the ones who furthered the Dutch agenda even more. So were those guys scumbags? It's really hard to tell from this distance in time. One thing for sure as far as I'm concerned my wife and I are giving our oaths to the real country rather than the corporation, now that we realize the difference. I think this situation is something all patriots should study thoroughly before they put a lot of time into the Dutch controlled Constitution and the fake country it's connected to.
Thank you for the reply, Herb.
I am not the brightest bulb on the runway. I busted Analytical Geometry in college and changed my major from Mechanical Engineering to History & minor to Government.
I have discovered 'much of what I studied was wrong, incomplete and always slanted, so students would reach a pre-determined conclusion, in order to achieve the desired grade.
It was not as concrete, as one might expect, but you peg it much, much earlier, than any I have heard, prior.
I learned through this site, that the actual date of incorporation was during the Civil War Era, in either R.I. or Connecticut, but I have not personally verified or confirmed the info.
Replying to Frederick Rehders.
There have been many incorporation dates as they worked through bankruptcies reorganizations and so forth so most any incorporation date you have heard is probably correct as far as it goes. The main thing is, if a person loves the country they should get out from under the corporation called United States, US etc. and get into the country they thought they were in all along, where freedom actually exists and there are no doublespeak tax codes, presidents of corporations instead of presidents of the country etc. I always thought if a person was born here he or she was automatically a US citizen. That's not actually correct. Whether you become a citizen of the corporation or of the real country you must publicly take an oath to that country. One of the international human rights is that you may change or choose citizenship at any time.