When a controversy is first brought to court, such as a criminal matter, the liability is held by the prosecutor until the liability can be attached to the defendant. In terms of the Court, this liability has a financial sum and once perfected will produce a bond of some financial value that will later be sold like any other bond on the bond market. The sale of bonds of people in prison is now well known and proven as fact with the issue of CUSIP numbers for such bonds and their trade in major markets. So how does the prosecutor get the liability across to the defendant? Well, simply by getting the defendant to accept the liability as surety after they have accepted the “benefit” of the associated penalty, such as prison. In other words, there are two distinct items the defendant must consent of their own free will (1) the penalty listed in the judgment of the judge/magistrate as a “benefit” and (2) the surety of performance in the form of the sentence. The court cannot force these onto the defendant, even if a jury has found them through a verdict guilty. Nor can a judge even impose it unilaterally upon a defendant who has already pleaded guilty through some “plea bargain”. Instead it must be the man or woman who makes their consent known for it to be legal. If it is not legal, then the value of the penalty is worthless and the court cannot lawfully process the bond, nor sell it.
Posted on: Tue, 19 Nov 2013 23:04:30 +0000
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