I have given a good bit of attention to Florida's Grand Jury issues recently, interacting with people who want to form a Common Law Grand Jury. SO I thought I'd review and summarize some related history.
I shall explain how disenfranchisement of Negroes and women led to the corruption, emasculation, and disenfranchisement of the jury systems throughout America. And I shall propose a solution that will restore their former luster.
For reference look at lawmen group articles mentioning grand jury here.
Take special note of one of those articles, appended below, from 2007. I pored over the several constitutions of Florida and noticed an devolution of the powers of the grand jury. By what common sense principle did the governments strip grand juries of their power? Well I believe common sense will tell us why:
GRAND JURORS ARE GENERALLY IGNORANT/ STUPID BECAUSE SO MANY REGISTERED VOTERS ARE IGNORANT/STUPID, and THE SMART ONES FIND A WAY TO GET OUT OF JURY DUTY.
Prosecutors cannot possibly tolerate a pack of dunces sitting on a grand jury. No wonder they and the judges lobbied the legislature to minimize GJ involvement in prosecutions. No wonder judges and prosecutors manipulate the juries now.
If I had my way,
I'd let ONLY college graduates sit on the grand jury panel,
I'd force them to study the constitutions till they can pass a related competency test,
I'd not let them out of jury duty except under the direst of circumstances with strict proof, and
I'd make sure they get paid the average prosecutor wage for their duties.
There. I have given you the solution to our grand jury system, and to the petite jury system as well. Pack it with sensible, intelligent, productive people and it will produce rational, appropriate results without becoming the "bitch" of either the judge or the State Attorney.
Bottom line, if you want fix a problematic system, make sure your fix retains the same benefits of the system you fixed.
Try to understand this clearly. Misguided idealists lobbied for the liberation of and suffrage by several classes of people:
indigents, losers and neer-do-wells, the cognitively impaired (stupid, unable to graduate from high school) and other ignoramuses, welfare recipients and social derelicts, and other irresponsibles
children (people under 21)
women (including ignorant housewives)
former slaves (see category 1 above)
the impoverished (non-land-owners, see category 1)
In order to make all of these SEEM like legitimate voters, those idealists required that voters to swear a fraudulent and meaningless oath to support the constitutions of the US and Florida, without requiring any of them to read those constitutions.
The idealists did not mandate an IQ test, a responsibility test, a test of the responsibilities of citizenship, or a test of competency in the constitutions.
THAT resulted in (a SWAG here) upwards of 90% of the AVAILABLE jurors for the jury pool (those too stupid to get out of jury duty) comprised of people in the above 5 categories who should NEVER under ANY circumstances have suffrage rights. No, I don't include all women in those groups, but I do include MANY women, not because of lack of intelligence, but because of lack of competent knowledge of the constitution that occurs as a consequence of a life mostly at home and caring for children (where most of the fecund women of America SHOULD be).
Without any means of qualifying people in the jury pool to guarantee a modicum of intelligence, education, and ability to make rational decisions and evaluate relative importances within the scope of constitutional obligations, idealistic do-gooders destroyed the validity and value of the jury systems, making judges and prosecutors see jurors as a pack of bumbling, incompetent bozos.
And so, we ended up with incompetent juries.
Losing respect of prosecutors and judges, jurors eventually lost the respect of legislators, and so the Legislature and courts contrived to diminish the power of the jury system, particularly the grand jury system, as follows:
Judges do not allow juries to know they can nullify the judge's orders
Judges discharge and sometimes persecute jurors who don't go along with the judge's orders
Grand juries act only in capital felony cases now, whereas they originally acted in all felony cases.
The power structure (courts, prosecutors, county commissioners, and clerks) have gutted the power of grand juries to investigate extraneous evidence of crimes - ONLY THE PROSECUTORS can bring that evidence to the grand jury, and that means grand juries virtually never indict crooks in government.
I'll echo Pogo:
We has found the enemy and he is US.
WE (actually the liberal idealistic do-gooders), by dumbing down the voter and juror pools, conspiratorially destroyed the jury system in America. I would not feel surprised to learn that was part of a Communist plot to destroy America and its system of government. Because NOW the incompetent juries result in NO jury-based investigations of government criminals, so crooks now run amok in office. Just look at State Attorneys and County Commissions for example.
Maybe THAT is the price of disenfranchising Negroes and women. The backlash effort to re-enfranchise them has certainly put utterly irresponsible people in the voter base and therefore the jury pool, that led to irresponsible juries, the courts and their officers said HELL NO you will NOT mess up our efforts, and they conspired to strip juries of their power.
Therefore, WE, must genetically re-engineer the jury pool or government will NEVER allow restoration of jury powers.
Like it or not, I agree with the judges, prosecutors, and legislators in stripping juries of their power. I AGREE WITH IT BECAUSE JURIES ARE BY AND LARGE STUPID AND INCOMPETENT.
You've heard the old computer programmer saying "Garbage In, Garbage Out" haven't you? That means if you feed garbage irresponsibles into the jury system, you get such a garbage, corrupt result from the jury's work that judges and prosecutors find it unacceptable. It's like letting a 10-year-old drive the family car unsupervised. It's stupid to do that.
We (WE!) have to FIX it by imposing very stiff requirements for jurors, and we can only do that with a change to the Florida Constitution. We Cannot do it with the Common Law Grand Jury because IT has the identical problems to the existing jury system (or worse).
Okay, now for the article...
Purpose of Grand Juries
The Meaning of "Crime" and "Infamous" - Felony