No matter how hard we try and explain to people that they should not commit crimes and they should not injure the interests of other people? Some will. And those who injure the interests of others need to make remedy for that injury to re-establish the balance of the community and maintain the peace. There is nothing that will cause men to fight each other faster than perceived injustices. Even worse? ACTUAL injustices.
MBA Criminal Prosecution Services will be based on the Jury Trial Process. It will be available to MBA Associates and their clients. If someone who is not an MBA and is not an MBA client makes a claim of a criminal act by an MBA we will also process those cases in the MBA Courts. The MBA is not making the claim that its members are above the law. Indeed we are claiming that we will ensure that our members obey the LAW by which we mean Natural Law or what is often called "The Law of the Creator" or "Gods Law" where God is defined to be the creator.
The basis of the MBA Criminal Prosecution Services is the Affidavit of Accusation that must be made under oath, penalty of perjury and full commercial liability. Knowingly false allegations will receive the same Remedy Instruction as had the person been found guilty of the crime he stood accused of.
The maxim of law "a man is innocent until proven guilty" will be applied. Therefore a man can not be deprived of his property or his freedom until such time as he has been proven guilty of his crime. In cases where an MBA is accused of a very severe and violent crime and the prima fascie evidence is overwhelming that he did commit the crime then the MBA Court Secretary can issue an instruction restraining the man for 48 hours in good comfort while further evidence is gathered. Repeated restraint on 48 hours can be instructed until such time as a jury can be assembled.
The MBA makes it clear this is only for violent crimes where there is overwhelming evidence the MBA Associate committed it. All other accusations of criminal acts will be processed while the MBA is free to go about his business. He is considered innocent until such time as he is found guilty.
Where the MBA turns out to be guilty and flees while enjoying his freedom then his property will be seized by the MBA Courts. He will be put on trial. He will be found guilty. He will be outlawed.
It is expected that this will be a very rare event since the MBA Courts will be fair, just and transparent.
The MBA Criminal Prosecution Services will be able to prosecute cases for Associates against non Associates, for example, ex wives who committed crimes in Divorce.
All Remedy Instructions from the MBA Courts will have superior jurisdiction to any Federal Guvment and will be binding on any Federal Guvment to which they are addressed. All Remedy Instructions will be binding on the general population in the community in which the Associate lives and those who refuse to perform the Remedy Instruction of the MBA Courts can be accused of Contempt of Court and immediately imprisoned until such time as they no longer act in contempt of the court.
This "contempt of court" has been a mainstay of the way in which the current unlawful courts work so as to be able to compel people to ensure the due process of law is followed and there is no obstruction of justice. All Remedy Instructions derive their LAWFUL status by being signed by a 12 member jury and that jury being unanimous as to the Remedy Instruction.
The 12 man jury is the re-presentation of the people of the land and the job of the jury is to present the view of the people as to how criminal acts are to be remedied.