Seven Elements Of Jurisdiction Page 1 of 2 SEVEN ELEMENTS OF JURISDICTION SEVEN ELEMENTS OF JURISDICTION 1. The accused must be properly identified, identified in such a fashion there is no room for mistaken identity. The individual must be singled out from...
More
Seven Elements Of Jurisdiction Page 1 of 2 SEVEN ELEMENTS OF JURISDICTION SEVEN ELEMENTS OF JURISDICTION 1. The accused must be properly identified, identified in such a fashion there is no room for mistaken identity. The individual must be singled out from all others; otherwise, anyone could be subject to arrest and trial without benefit of "wrong party" defense. Almost always, the means of identification is a person's proper name, BUT ANY MEANS OF IDENTIFICATION IS EQUALLY VALID IF SAID MEANS DIFFERENTIATES THE ACCUSED WITHOUT DOUBT. (There is no constitutionally valid requirement you must identify yourself, see 4th Amendment; also see, Brown v. Texas, 443 US 47 and Kolender v Lawson, 461 US 352.) 2. The statute of offense must be identified by its proper or common name. A number is insufficient. Today, a citizen may stand in jeopardy of criminal sanctions for alleged violation of statutes, regulations, or even low-level bureaucratic orders (example: colorado National Monument Superi
Less