JUDGE: “It’s simply a question of whether you understand the nature of what the document says.”
KILLERCOP: “I do not recognize the nature of this charge. I understand the cause - -“
JUDGE: “Okay.
KILLERCOP: “-because I can read, But --.”
JUDGE: “-I think that’s the same thing. I understand the distinction you’re drawing. And for my purposes –“
ACCUSED: “Thank you.”
JUDGE: “I’m satisfied that you understand the cause there.”
Additionally, state constitutional clauses customarily provide that "In all criminal prosecutions, the accused 'shall be informed of the nature and cause of the accusation' ..."
Guarantee Of Adequate Notice. The Sixth Amendment, which is applicable to the states through the Due Process Clause of the Fourteenth Amendment, see In re Oliver, 333 U.S. 257, 273-74 (1948), guarantees a criminal defendant a fundamental right to be clearly informed of the nature and cause of the charges against him. In order to determine whether a defendant has received constitutionally adequate notice, the court looks first to the information. James v. Borg, 24 F.3d 20, 24 (9th Cir.), cert. denied, 115 S. Ct. 333 (1994). "The principal purpose of the information is to provide the defendant with a description of the charges against him in sufficient detail to enable him to prepare his defense." Id.
The Sixth Amendment, which is applicable to the states through the Due Process Clause of the Fourteenth Amendment, see In re Oliver, 333 U.S. 257, 273-74 (1948), guarantees a criminal defendant a fundamental right to be clearly informed of the nature and cause of the charges against him. In order to determine whether a defendant has received constitutionally adequate notice, the court looks first to the information. James v. Borg, 24 F.3d 20, 24 (9th Cir.), cert. denied, 115 S. Ct. 333 (1994). "The principal purpose of the information is to provide the defendant with a description of the charges against him in sufficient detail to enable him to prepare his defense." Id.
A trial is not one of the "games that people play." The due process clause does not serve as an innocent bystander. It acts as the umpire and referee all rolled into one and calls "foul" where rules of fair play are broken. As Justice Scalia noted, paraphrasing the felicitous expression of Justice Holmes seventy years earlier, due process requires the government to "turn square corners." Jones v. Thomas, 491 U.S. 376, 396 (1989)(Scalia, J., dissenting). Society is obliged to prosecute those who break its rules, but society may not break its own rules in the prosecution process.
The U.S. Supreme Court recently declared, "[t]he Constitution gives a criminal defendant the right to have a jury determine, beyond a reasonable doubt, his guilt of every element of the crime with which he is charged." United States v. Gaudin, 115 S. Ct. 2310, 2320 (1995); see also Sullivan v. Louisiana, 113 S. Ct. 2078, 2080 (1993); In re Winship, 397 U.S. 358, 364 (1970).
But then again, I'm nutzzzzzz, until certified un-nutzzz in a court of the law. I am waiting on the law and the certificate required by the law. But I'm no expert.(.pdf) Anyone see ours, yet?
CLERK: “How do you plead to Count 1 of the First Superseding Indictment, guilty or not guilty?”
Killercop: “I cannot make a plea at this time until I know the nature of this crime, as that, and the nature has seemed, has seemed to have changed in the past. So if this court could answer a question or two I might be able to make a plea at this point. Will this court answer a question or two so I can ascertain the nature of the crime so I can prepare a proper defense?”
Judge Matz: The court will construe the response to be a plea of not guilty. The plea is applicable to each of nine counts of the First Superseding Indictment. So Mr. Sutcliffe will be deemed to have plead not guilty to the charges in the First Superseding Indictment. That concludes the arraignment on the charges.”
Killercop: “Let the record reflect the court is proceeding in a - - “
CLICK THE IMAGE BELOW TO SEE HOW JUDGE MATZ BREAKS THE LAW, BY CHANGING THE WORDS OF THE LAW, TO FIT THE GOVERNMENT'S LIE, TO COMPLETE THE MAGICAL, MYSTICAL: