You have a right to be judged in your local district by people who live in that district. It’s in the Constitution.. It’s a Right.
So… what should happen if a juror or the prosecutor or the judge is not from your district? It voids the trial and the government cannot try you again because of the laws against double jeopardy.
If you live in Bucks County PA the judge and the jury must be from Bucks County PA. If the judge is from another place, say he’s from Chester County the trial violates the Constitution of The United States of America. What’s the remedy for that? There is no remedy. It’s game over for the government. They have one chance to put you on trial and if they make a mistake they cannot put you on trial again. It’s tough luck for the government.
Here’s the deal… If you are arrested in Bucks County you must be charged by the District Attorney for Bucks County. In 2005 the District Attorney for Bucks County was David Heckler. If David Heckler had a conflict of interest that meant he could not be objective if he put you on trial he was prohibited from calling on a prosecutor from Harrisburg to put you on trial. Either District Attorney Heckler put you on trial or you could not be put on trial. There was no third way.
Likewise each member of the jury had to be from Bucks Count. If a juror was not from Bucks County but was assigned to be a juror in a trial of someone from Bucks County in Bucks COunty for crimes committed in Bucks County the trial was un-Constitutional meaning it was void…. meaning it was not a legal trial and you could not be tried again so you would remain innocent. Same deal for the judge.
Suppose all of the judges for Bucks County had a conflict of interest regarding you. They could not hear the case. Not one judge would be available to hear a case against you. What happens if a judge cannot hear a case against you? Simple. You remain innocent and because of the prohibition of double jeopardy you would remain innocent and could not be tried again.
What happens if the District Attorney, The Judge and the prosecuting attorney are unable to hear the case against you? Well you luck out three ways. Un-Constitutional District Attorney, Un-Constitutional Judge and Un-Constitutional prosecutor. You were innocent before the trial and are still innocent after the trial. If you were tried by an Un-Constitutional Judge you are still innocent.
What happens if the Un-Constitutional trial results in your punishment?
It’s an Un-Constitutional punishment and you can sue the government because your Right To A Free Trial was violated. It’s in the U.S. Constitution. It’s specifically in The Sixth (6th) Amendment, Rights To A Fair Trial… You have the Right to a free, fair, speedy and public trial ….. “in the District where the crime shall have been committed”…. but if the trial judge is not from the District where the crime was committed the trial violated the Constitution. In Pennsylvania the Pennsylvania Constitution in Article 1, Section 9 states: “… an impartial jury of the vicinage;” Vicinage is an old word for the neighborhood so it’s even more restrictive against the Government that the U.S. Constitution which requires a judge from “the District”. A neighborhood is smaller that a District.
How do you sue the government? Just like you sue anyone else. 1. You prepare the legal papers, 2. submit them to the court and 3. serve a copy to the people in government who you want to sue. You can legally do that yourself but the court will ignore you so you need to get a lawyer to do it for you. You can usually make a deal with a local lawyer to file the lawsuit. After they file the lawsuit you can decide you no longer need them or you can continue to employ them. If you have a good case the lawyer will do all the work without charging you any money up front. They will however want to get paid it hey win on your behalf and certainly you will want to pay them a good bit of money for their help. How much money can you get if you sue the government for an Un-Consitutional Trial? That depends on how you feel about what happened to you. If you were wrongly tried and the government won and fined you you can sue them to get your money back. What about your reputation? How much is your reputation worth? Again, that depends on how much you think your reputation is worth. A lawsuit against the government for an Un-Constitutional trial that took say five days would probably cost you $20,000 for a lawyer. If the lawyer is a really good lawyer they may want a half million dollars to defend you against the government so you would have to pay them at least a half million to get the half million it cost you to hire the lawyer for the Un-Constitutional trial.
A good lawyer would probably tell you to sue the government for $100 million because the government is not allowed to violate the civil rights of a citizen. The largest Civil Rights Award was in Timothy Pigford v. Glickman.. It was One Billion Dollars for violating the civil rights of 13,300 African-American farmers. (A billion is 1,000 million.) Other notable high awards were the Tobacco Settlement and the ENRON settlement. The largest medical malpractice award was to the estate of a teenager with cerebral palsy in the amount of $268 million.
Are Civil Rights more important than medical conditions? In the case of an Un-Constitutional judge who punished someone who he never should have even heard the award has to be a combination of the actual damage done plus punitive damages to help insure government doesn’t do it again.
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