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Guilty or Not Guilty

GUILTY OR NOT GUILTY

SO...WHAT ARE YOU ACTUALLY SAYING WHEN UTTERING THESE WORDS???

Most people go to court and automatically plea Guilty or Not Guilty without really knowing what it means to do so and what the implications might be. Hopefully this may help clear a few facts up for you. Read on and learn what these pleas actually mean and how they effect you.

To start with, the mere fact that a 'defendant' is attending court is an admission of guilt. You see, there is deemed to be an un-resolved controversy and the accuser/plaintiff believes a wrong exists and requires resolution or compensation from the defendant so by the act of turning up, the defendant is already guilty!

What is “court”?

Many people don't realise that when interacting with the opposite party, you are already in court. You are contracting (you are making law/contract) - hence, the first court appearance has already been held with the opposite party and the reason for a Court appearance in a State/Federal Court is to adjudicate on the controversy created by the defendant according to the plaintiff.

Pleading not Guilty.

Where does the word 'guilty' come from? From Canon Law here

Canon 3147

The word Guilty originates from 14th Century English / Dutch gilde, from 13th Century Venetian / Italian gilda meaning 'guild, payment (in gold), debt or fine owed to the guild'. The word gilda itself derived from 8th Century Khazarian / Magyar languages kulta meaning 'gold'. In the Finnish language today, kulta still means 'gold' and Kilta means 'guild'.

Now what does Not Guilty mean:

Canon 3149

When a non-Guild member of the Private Bar Guild is present in one (1) of the Guild buildings dealing with the primary business of the Bar being organized global profit from crime (jobs), the Private Bar Guild members seek to force either a pleaof “Guilty” or “Not – Guilty”:

(i) a plea of "Guilty" in a building controlled by the Private Bar Guild is equivalent to saying “I will pay” and tacit consent of liability for a debt or fine owed to the Guild and is consent to the lawful detainment of the flesh of the accused as surety until the debt or fine is paid; or

(ii) a plea of "Not – Guilty” in a building controlled by the Private Bar Guild is equivalent to saying “I refuse to pay” with the presumption of liability for a debt or fine owed to the Guild but refusal to pay therefore permitting the lawful detainment of the flesh of the accused as surety until the debt or fine is paid.

In Summary

By pleading Not Guilty, what you are actually saying is:

I am guilty of the charge [as I’m here as the defendant] but I’m refusing to pay or resolve the controversy with the plaintiff. This now creates further controversy that gives the adjudicator jurisdiction! Now that the Adjudicator has jurisdiction, it is up to he/she (judge, magistrate) to determine how much the defendant must pay based on evidence.  Therefore, the controversy needs to be resolved before the appearance with an adjudicator.

An example. This example shows an alternative way to engage with an opposite party in court by giving notice of a private side remedy making all parties whole.