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Due Process of Law

Key Definitions:

Crime: when one of the People with criminal intent damages one or more of the people and/their

property.

1. A Citizen who believes they have been allegedly harmed or damaged by the actions of
another alleged Citizen in a criminal manner, specifically in violation of their
Constitutionally guaranteed Rights, must prepare a signed affidavit stating the alleged
circumstances and damages so attesting under the pains and penalties of perjury.

2. This affidavit must be submitted to the prosecuting attorney.

3. The prosecuting attorney pursuant to his Oath, in this instant matter must ensure that the
Rights of the accused, as well as the accuser, are not violated at anytime.

4. In criminal situations, the prosecuting counsel, must review the affidavit from the
allegedly damaged citizen and assess whether the claim is Constitutionally valid and
compliant specific to the Bill of Rights.

5. If the prosecuting counsel through lawful evaluation and investigation assesses that the
claim does not present sufficient foundation for the commencement of prosecution, the
prosecuting counsel is to notify the Citizen issuing the affidavit that lawful foundation for
the criminal charge or complaint is lacking.

6. If the prosecuting counsel through evaluation and initial investigation assesses that the
claim by the Citizen issuing the affidavit for harm or damage may contain criminal
foundation, the prosecuting counsel is to lawfully notify the alleged damaging, accused,
Citizen.

7. The accused Citizen, within a reasonable time period, if there is any matter in controversy
with the complainant's affidavit, must then rebut the affidavit with his own affidavit, and
return this to the prosecuting counsel.

8. If, after reviewing the affidavit of the accused Citizen, the prosecuting counsel through
evaluation assesses that the claim does not sufficiently present foundation for the
commencement of prosecution, the prosecuting counsel is to notify the complaining
Citizen and accused Citizen that the matter lacks sufficient lawful substance and
foundation for a criminal claim, noticing that the matter is withdrawn.

9. If, after reviewing the affidavit of the accused Citizen in conjunction with the other
information presented and discovered, the prosecuting counsel through evaluation and
investigation, assesses that the claim does sufficiently present foundation for a criminal
complaint, he or she will initiate the commencement of a lawful prosecution by:

a. Determining what Rights have been violated of the complaining Citizen.

b. Determine the type and cost of damages.

b. Prepare his own signed and notarized affidavit certifying that the charges alleged
against the accused are Constitutionally valid and compliant specific to due process
and the Bill of Rights, so attesting under the pains and penalties of perjury of the
United States of America.

c. The prosecuting attorney will then prepare a lawful Summons and Complaint which:

i. establishes jurisdiction

ii. identifies the Plaintiff and alleged defendant

iii. presents the actions of the accused which effected alleged harm and damage to
the injured party and what harm and damage was inflicted.

iv. presents the prayer for lawful punishment and relief.

d. Lawfully file in the court the Summons and Complaint and serves a copy of the same
upon the accused noticing the date of arraignment withing proper time lines.

8. The accused appears AT A PROPER COURT VENUE, as mandated in the Constitution of


the United States, an Article III venue, to enter a plea. (If the venue is not an Article III
court then the accused cannot enter a plea, because the court has no jurisdiction over the
accused. “I cannot enter a plea because this court does not have jurisdiction over me.”)

9. The Court, if a proper venue, sets a Pretrial Hearing date. This is done so that the
prosecuting attorney and the accused have ample opportunity to discover more
information and evidence and communicate, to further prepare their arguments, as well as
to determine if the matter can be resolved out of court. In this fashion, the parties save the
time of the court.

10. The Pretrial Hearing is where the judge determines if both parties have resolved the
matter or if they are prepared to go to Trial.

a. If the matter is resolved then the resolution is lawfully implemented.

b. If the parties are unresolved, a Trial date is scheduled and the date for jury selection

is scheduled.
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