You are viewing a single comment's thread.

view the rest of the comments →

UgTr2 ago

A grand jury has defects that are not present in a common jury. Both are sworn, but the citizens of a grand jury are dependent upon the state and so cannot hear a case involving the state without prejudice. A common jury (i.e. a jury at common law) is made up of freemen and has no such defect.

LAWFUL MAN. A freeman, unattainted, and capable of bearing oath; a legalis homo. (Blacks 1st edition)

alphabravo ago

Thanks for this. So a case involving the state cannot be held by grand jury for these reasons, rather a common jury / jury at common law should be held. Is this correct?

UgTr2 ago

Yes. The grand jury developed in the United States, which has a civil political model (the Senate). Common law and civil law has always been at odds regarding the ethics and mechanisms of protection, for example the redefinition of the law of the land (of the U.S.) to exclude oaths as the singular means of evaluating truth. The common law has a theistic basis, but the separation of church and state in th U.S. led to implied atheism in that making oath was no longer regarded as significant; affirmations were deemed to be equally effective. "We the people" were historically responsible for the creation of the federation of states and remain the authoritative party for effecting remedies relating to that federation.