J.A.I.L. News Journal
______________________________________________________
Los Angeles, California                                                August 14, 2004

 
The Irony of J.A.I.L.
(By Ron Branson - J.A.I.L. CIC)
 
On June 8, 2004 we published a J.A.I.L. News Journal entitled, "What Is Truth?" Within that publication were the last words scribed, "J.A.I.L. was a necessity since the first day the Framers wrote the Constitution."
 
An Associate JAILer-In-Chief in California, Dorothy Robins by name, picked up on those words saying. "You couldn't have said it better. However, I just picked this up from 'The Federalist.'  "If the next century does not find us a great nation ... it will be because those who represent the ... morality of the nation do not aid in controlling the political forces."
                                                                       --James Garfield.
 
Having read this, I got to thinking of the Irony of J.A.I.L., to wit, how J.A.I.L. will effectively turn everything upside down 180 degrees, which is actually upright. For instance, can one imagine a judge having committed a crime, rushing to the District Attorney to plead with him, "Prosecute me, please prosecute me. I will plead no contest."
 
Paragraph (s) of the J.A.I.L. Initiative provides, "Criminal Procedures. In addition to any other provisions of this Amendment, a complaint for criminal conduct of a judge may be brought directly to the Special Grand Jury upon all the following prerequisites: (1) an affidavit of criminal conduct has been lodged with the appropriate prosecutorial entity within ninety (90) days of the commission of the alleged conduct; (2) the prosecutor declines to prosecute, or one hundred twenty (120) days has passed following the lodging of such affidavit and prosecution has not commenced; (3) an indictment, if sought, has not been specifically declined on the merits by a county Grand Jury; and (4) the criminal statute of limitations has not run. Any criminal conviction (including a plea bargain) under any judicial process shall constitute a strike."
 
Therefore, if anyone lodged a criminal affidavit against a judge with the prosecutor, and the prosecutor sat on the matter in excess of 120 days, the one who lodged it could then file the same affidavit with the Special Grand Jury, who would then decide whether there was Probable Cause to issue an indictment. Once a decision to indict is made, they would assign one of their Special Prosecutors to the case having all the powers of any other prosecutor within the state, and a trial would proceed in front of jury.
 
Here is a very viable situation, and more that will likely to take place. No judge is going to want to face a jury, be found guilty, and hear the sentencing of that jury upon them. They will quickly realize that they would be much better off to beat the clock before the matter reaches the jury, and rush over to the District Attorney's Office and cop a plea with the prosecutor in front of one of their buddy judges. There is nothing in law, except the statute of limitations, that says the prosecution cannot then prosecute the judge before a jury would so so. Of course, J.A.I.L. anticipates this likelihood by providing, "Any Criminal conviction (including a plea bargain) under any judicial process shall constitute a strike." This means even if this offending judge pleads no contest before a trial judge, and the trial judge should give him probation, the offending judge is one strike closer to his third-strike removal from judicial office, and to the loss of half his judicial retirement benefits.
 
Of course, acceptance of such action by the prosecutor is going to become an embarrassment to his office, for such action shall certainly haunt him at his next bid for re-election. It shall be said that the prosecutor purposely avoided his first chance to prosecute this same judge, and now plots a plea with that same judge in order to get the judge off the hook from facing a jury. His opponent will have a heyday with this.
 
Further, there is another Irony of J.A.I.L. Most all of us are upset because we are denied the right to a trial by jury in criminal cases such as traffic court, child protection services, violations of regulatory agencies, and administrative laws -- so called, etc., etc. Indeed, we have come full circle from that of King George, III, in England, "depriving us in many cases, of the benefits of trial by jury:" (Dec. of Independence.) I faced a judge in a criminal matter and demanded a trial by jury in which the judge boldly said, your request for a jury trial is denied. 
 
Now, it is the judges who are afraid to face a jury trial for themselves under J.A.I.L. When J.A.I.L. was filed with one Secretary of State, a defense was argued on behalf of the state judges that they would be denied their right to waive a jury trial. I was called upon to address this issue, and here is how I responded. Our Constitutions assure everyone in a criminal matter, except in cases of impeachment, to a right to a trial by jury. The U.S. Constitution provides in Amendment VI, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury." 
 
While we understand that one may waive their right to a jury trial to be tried by a judge, nowhere does the Constitution guarantee them a right to waive a jury trial. But this is what the judges, through their representation, have argued. What they overlook, however, is that there are two parties to any criminal case, the prosecution, and the defense. Both equally are guaranteed the right to a trial by jury.
 
But when have you ever heard of a criminal prosecutor insisting upon their right to a jury trial after the defense has waived such right in favor of being tried by a judge? I venture never. However, the Irony of J.A.I.L. is that it will do just that. Judges, through their representation, are already arguing they will be deprived of their right to be tried by a judge. Folks, there ain't no such thing as a right to be tried by a judge. Since the Special Prosecutor under J.A.I.L. working for the Special Grand Jury, does not waive his equal right to a trial by jury, all judges will have to face the music of a jury trial, and not their fellow brethren judges.
 
The last thing these judges ever want to do is face the people to whom they are accountable to for their future disposition, which may be prison, fines,  work time, or any combination of the three.
 
Isaiah set forth the condition of the judges in his day, "Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter! Woe unto them that are wise in their own eyes, and prudent in their own sight!" Isaiah 5:20, 21.
 
With J.A.I.L. everything is turned 180, to force judges recognize evil as evil, and good as good, and this, folks, is the Irony of J.A.I.L.  
 


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"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.." - Samuel Adams
 

"There are a thousand hacking at the branches of evil to one who is
striking at the root."                         -- Henry David Thoreau    <><

 

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