The list below is a partial list of the principles of criminal justice which became part of the written law during this period. 1. Justice is proportionate to our actions, 2. Justice is retributive, 3. Justice is vindicatory, (provides sanction against the offender) 4. Justice is compensatory (restores to the victim), 5. Judgment under the law is declaratory (declares what is right). 6. Judgment under the law is remedial (corrects what is wrong), 7. Judgment under the law is directive (directs behavior), 8. Burden of proof beyond reasonable doubt equates to moral certainty. 9. Inalienable right to property. Citizens cannot be forced to give up rights to property unless they are found guilty of a crime which amounts to forfeiture. 10. Citizens cannot be treated like criminals unless they have been tried and convicted as criminals. Other principles which emerged during this period are pertinent to development of our three branches of government as they constrain them all equally. These include: 1. No human law or justice can preempt natural (or God’s) law 2. Absolute rights are God given 3. God has placed on every civil authority the responsibility to insure that absolute rights are not infringed. 4. Upon citizens, the government is additionally charged with protection of citizenship (relative) rights. As criminal law developed in the 20th century, American Jurisprudence moved further and further away from common law principle as Canada has ,that a crime consisted of two elements, a guilty deed [ Actus Rea ]plus a guilty mind [Mens Rea]. The requirement of an act is one that is evidence of a choice being made and choice, of course, brings into question the state of mind (drug induced, emotion induced, medical/psychological aspects). In an effort to make the criminal justice system more uniform and predictable, judges and legal theorists sought to marginalize the element of intent. They sought to blur the lines between criminal law and civil law by minimizing, or eliminating altogether, the requirement of mens rea. Remember this is without consent of the people and meanings they are no longer courts of law,because they have thrown out the constitution. In natural a crime consisted of two elements, a guilty deed [ Actus Rea ]plus a guilty mind [Mens Rea]. Now what the courts are saying is we our the law and we do not go by your rules.
Posted on: Thu, 13 Mar 2014 06:25:29 +0000
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