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Re: Private criminal prosecution

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  • Jon Roland
    The case is worth reading in its entirety, and I have added a link to it, and added the quote to my brief on the matter. On 07/24/2010 09:58 AM, Ken Smith
    Message 1 of 1 , Jul 24, 2010
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      The case is worth reading in its entirety, and I have added a link to it, and added the quote to my brief on the matter.

      On 07/24/2010 09:58 AM, Ken Smith wrote: The reality, Jon, is that we don't have the raw power to compel restoration of this foundational constitutional right, and our overlords dare not cede it to us.  The rationale for it is simple and pellucid:

      [I]t is a right, an inestimable right, that of invoking the penalties of the law upon those who criminally or feloniously attack our persons or our property. Civil society has deprived us of the natural right of avenging ourselves, but it has preserved to us all the more jealously the right of bringing the offender to justice. By the common law of England, the injured party was the actual prosecutor of criminal offenses, although the proceeding was in the King's name; but in felonies, which involved a forfeiture to the Crown of the criminal's property, it was also the duty of the Crown officers to superintend the prosecution. …

      To deprive a whole class of the community of this right, to refuse their evidence and their sworn complaints, is to brand them with a badge of slavery; is to expose them to wanton insults and fiendish assaults; is to leave their lives, their families, and their property unprotected by law. It gives unrestricted license and impunity to vindictive outlaws and felons to rush upon these helpless people and kill and slay them at will, as was done in this case.

      Blyew v. United States, 80 U.S. 581, 598-99 (1871) (Bradley, J., dissenting).
      -- Jon
      
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