Allocution: Oral Declaration of Absolute Rights and Refusal to Accept Sentence
by Frank ‘Austin’ England III; 22 Aug 2012
Due to its importance and accuracy, I have posted this article without further comments by me. — John-Henry Hill, M.D., Ph.D.
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Allocution: Oral declaration of absolute rights and non-consent at sentencing
- The document below is to be read orally to the court following conviction of a (whatever) and just prior to “sentencing”. The particular allocution below is the work and experience of one man during a “traffic” trial with a “charge” of “no valid registration (plates)”. There are two parts to the allocution: (a) declamation of rights and errors in the trial, etc, along with producing affidavits, information and mitigating facts, and (b) declamation of non-consent to any fines, taxes, prison, etc. Allocution has its origins in the common law. (See Corpus Juris Secundum, Criminal Law, §1573-1576). One must be totally alert to ask for the opportunity to “say something prior to sentencing” before the judge starts his sentencing – interrupt if necessary, but do it. Request a separate sentencing hearing of at least two weeks hence. Give yourself time to write the allocution.
- Do not give this information in writing to the court or to opposing attorney before-hand as it is only valid when orally presented to the court by the live sentient man/woman and you do not want to forewarn the enemy. The legal fiction is civilly dead and cannot speak.
- The court needs your consent to impose any sentencing or “punishment” or fines or restrictions of any kind, etc. In almost 100% of the cases the sentient man/woman becomes the surety (or stand in) for the legal fiction “defendant” and takes on the burden of the sentencing pronouncements. It is the legal fiction which is indicted, tried, and convicted. It is the sentient man/woman who takes on the sentence. The court needs the permission (consent) of the sentient man to impose a sentence and gets it through presumption, silence, acquiescence, or outright consent to apply to the “surety”. It is the sentient man/woman who now serves the sentence. The style of the case through conviction for the “defendant” is in all capital letters. The style of the sentenced party is upper and lower case.
- When finished with the oral allocution, one must turn around and walk out of the court and its jurisdiction immediately. DO NOT HEAR the judge or the prosecutor or anyone else, even if they are screaming at you to “STOP”, or “Come back here!” If one does, then jurisdiction is given back to the court, i.e. you have contracted back in.
- Allocution, Part One: During the trial you were denied exculpatory evidence such as the court not answering motions, notices, affidavits, allowing witnesses, etc. Keep a list of such omissions, errors, and due process denial during the trial, especially constitutional guarantees.
- Allocution. Part Two: Read the following statement (i.e. create your own written statement to reflect your specific situation and trial activities). There is no time limit on its reading. Do not give in to interruptions.
FOR THE RECORD YOUR HONOR: I am a Man, living upon the land and speaking as only a Man can. I was created in the image of Yashua under the authority of the redeemer, Jesus Christ with all of My senses intact. I am canceling the conviction and all appearances on My part and now cancel any and all contracts, entered into by Me, knowingly or unknowingly by any methods including but not limited to verbal, by assent. consent, presumption, assumption, deception, threat, duress, coercion, fraud, fiction, fantasy or illusions, or any other method, including words of art, magic, and sophistry, casuistry or out right lying, or by specious acts of fallacious, deceptive, delusive, misleading, apparent, illusive, illusory, ostensible, practice of law.
(a) This proceeding has failed to produce evidence of an injured party.
(b) This proceeding has failed to produce an affidavit of verified complaint, or the existence of a complaining party.
(c) This proceeding has failed to produce an injured party onto the witness stand for testimony.
(d) This proceeding has failed to produce and to state a claim upon which relief can be granted.
(e) This proceeding has failed to produce an honorable ruling, therefore the court could rule only by an undisclosed presumption of an assumed intention, and this may be deemed the practice of witchcraft by a Satanic Cabal.
(f) This proceeding – and this court – has now lost all jurisdiction by it’s denial of due process.
I have not violated Yashua’s law. I have not caused an injury to another living man. This would be a violation of the Royal law of ‘love your neighbor as yourself’, or man’s interpretation “Do unto others as you would have them do unto you”. I have not committed a crime, and there is nothing on which to convict Me, thus the conviction is null and void. And, any Bonds affiliated or associated with this case, whether they were issued with the citation in the form of a bid bond, or as an appearance bond, or as a performance bond which have been written as a result of this procedure – and any other bonds written in any way, shape or form whatsoever – I hereby now cancel, terminate, discharge, dismiss, deactivate, eradicate, nullify, quash, rescind, repeal, revoke, abrogate, abolish, and expunge – and I forbid the commercial use of My name and likeness for profit, as all Bonds created, whether on the record or not, are void ab initio as only I, a Man can cause.
I do not accept any offer to, nor do I give consent to, nor will I go to jail, go to prison, pay or discharge any fines, fees, court costs, nor taxes of any kind.
I do not accept nor consent to have My rights blocked or impeded in any way. shape, or form. I do not accept any offer, nor consent to have My body or possessions seized or confiscated or used by anyone or their agent for their own use, or for the benefit of another. I do not accept any offer nor do I consent to probation, parole, pre- or post-trial release, or any other form of supervision imposed for this matter or in association with this matter which may be attempted to be linked with or in causation with this matter, or placed twice in jeopardy for the same pretended crime.
I, this man, [ full name ], reserve all My natural God-given unalienable birth rights, waiving none, ever – as all is conditional upon My receipt of your written statement of claims and proof of claim to the contrary under your bond of office and penalties of perjury.
My public business here is completed, perfected, discharged, accomplished, dismissed, concluded, terminated and, as Jesus Christ our Lord and Savior stated: FINISHED!
- Immediately turn around and walk out of the court room. DO NOT ACKNOWLEDGE THE JUDGE OR THE OPPOSING ATTORNEY UNDER ANY CIRCUMSTANCES. If the judge asks for a copy of your allocution, do NOT respond. It is on the record and he can get it there. If the bailiff stands in your path on the way out, ask him to arrest the judge for treason (abrogated his oath of office) and move on. Do not hesitate.
- According to Michael Stone, this procedure is authorized under FRCP Rule 60, 1946 Amendment, Note to Subdivision (b). “Since the rules have been in force, decisions have been rendered that the use of bills of review, coram nobis. or audita querela, to obtain relief from final judgments is still proper, and that various remedies of this kind still exist although they are not mentioned in the rules and the practice is not prescribed in the rules. It is obvious that the rules should be complete in this respect and define the practice with respect to any existing rights or remedies to obtain relief from final judgments.” et seq
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