Should there be Punishment Without Conviction?

by Gavin Seim: Our society is being taught to accept that one can have life, liberty or property taken by government without having actually committed a crime. That summery rulings of judges or officers, when labeled neatly with the pretense of safety, can override due process.

Is it true? No, and here is why we must resist this lie with absolute authority. The people through their representatives have the right to make laws. But those laws are bound by the principles and force of higher laws like our Constitution.

No jury, no conviction, no conviction, no crime, no crime, no punishment. The framers has a choice words for a leader who dared to deny someone a trial by jury.

“A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.” – The Declaration, 1776

William Blackstone spoke of this a few decades earlier. It’s not a new idea at all. It’s the cornerstone of justice.

“To bereave a man of life, or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole kingdom;”

Some governments would have us believe that if a man is not convicted of a crime (as in a civil case), he or she can still be punished as having committed a crime. That due process is what they define it and therefore a one may be imprisoned, separated from their family, or deprived of their property, or denied rights, simply because the State says it is necessary or labels it something other than crime.

This is happening in your communities and you can likely think of such a case in recent times. A common example is parental rights situations. Where children are stolen away, even though the parent has not been charged or convicted of a crime. This is heinous act of tyranny than can literally be manipulated to give the State total control over how we raise our families.

Punishment Without Conviction is a lie that must be stamped out by all who hold freedom dear and those tyrants who affirm it must be removed from office. These actions are an alarm of tyranny on the highest level. They are synonymous with prison camps, summery executions and dictatorship. They not only violate our fundamental God given rights, but our Supreme law.

We must remain armed with our Guns. But we must also remain armed with the law of liberty, with moral and just actions and with the principles that made America. We are not the mob, we do not act in anger and fear. We are of liberty. We hold these truths to be self evident, that all men are created equal and we do not stand silent if the face of tyranny.

The Constitution “gives” us nothing – It is the law WE the people placed on government to protect liberty and only does so if we enforce it.

— Gav

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Constitutional reference for further study…

Article 3.2.3,  The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Amendment 4:  The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment 5:  No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment 6:  In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.