NH: Jury nullification bill = chance to question judges – court
Jury Nullification 101
WHY JURY NULLIFICATIONS WILL TRANSFORM AMERICA
WHY YOU WANT TO BE A JURY EDUCATOR
The eradication of most unpopular, oppressive laws and regulations.
The drastic reduction of government abuse of power and mistreatment of citizens.
The profound reduction of power in the hands of government employees and the return of this power to the rightful owners – the people.
And it will have even more dramatic indirect and long-term effects:
Slashing the size, budget and power of the worst bureaucracies; closing some down entirely.
Forcing politicians to work for the people instead of special interest groups and bureaucrats.
Slashing spending and taxes. Saving billions of dollars of the taxpayers’ money.
Helping to awaken a sense of good citizenship among the people.
Driving the corrupt, criminal and defective out of politics and government employment.
THE REASONS WHY:
There is no legitimate debate on the central question.
Judges are caught red-handed in a huge lie! On the fundamental question of whether or not the jury has the power to “veto” or “nullify” (in the case they are hearing) any law that violates its conscience, there is no real debate possible. This is why lawyers and judges try to ignore and evade the Jury Education movement. If they enter into a public debate outside the courtroom with a well-informed, articulate and reasonably experienced Jury Educator they will be badly beaten and embarrassed, every time.
FACT: Judges may not and do not overturn a verdict of “not guilty” in criminal trials, even when the defendant freely admits he broke the “law”. A “jury veto” is absolute and final. To be sure, judges will try hard to prevent a jury veto by various bluffs and subterfuges: Jury tampering “instructions”; an invalid and unenforceable “jury oath” to accept the law as written, to ignore conscience and common sense; and various other tricks. All of the judges’ tricks are in fact Jury Tampering, which is a felony.
To defeat a judge who would try to pressure jurors to return to the jury room and to change their verdict to guilty, (which occasionally does happen) all jurors have to do is to say to the judge:”Your honor, with all due respect, our verdict is final.” Then the jurors could just fold their arms and stare at the judge!
A crime has been committed against the people by judges and lawyers. The crime continues and a coverup is in effect. It is probably the greatest political scandal of American history. However, all we have to do to defeat the judges and the lawyers is to educate enough people about the true power of the jury.
The greatest statesmen and jurists in American history have stated very clearly the rights and powers of the jury. Anyone who doubts this merely needs to review the Quotations for Jury Educators and read some of the many excellent articles written on the subject:
John Jay, the first Chief Justice of the U. S. Supreme Court stated in 1789: “The jury has the right to judge both the law as well as the fact in controversy.”
Samuel Chase, U. S. Supreme Court Justice and signer of the Declaration of Independence, said in 1796: “The jury has the right to determine both the law and the facts. ”
U. S. Supreme Court Justice Oliver Wendell Holmes said in 1902: “The jury has the power to bring a verdict in the teeth of both law and fact.”
Harlan F. Stone, the 12th Chief Justice of the U. S. Supreme Court, stated in 1941: “The law itself is on trial quite as much as the cause which is to be decided.”
In a 1972 decision (U. S. v Dougherty, 473 F 2nd 1113, 1139), the U.S. Supreme Court said: “The pages of history shine on instances of the jury’s exercise of its prerogative to disregard instructions of the judge.”
America’s second President, John Adams, said in 1771: “It is not only [the juror’s] right, but his duty… to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.”
“As a juror in a criminal trial you have the right, the power and the duty to vote as your conscience and common sense dictate.The conscience of the juror is the primary reason we have trial by jury in the first place! You do not have to enforce any law that is repugnant to you.
“The judge may try to deceive, control, manipulate, bluff and frighten you. But no judge can stop you from voting your conscience in direct disobedience to any oath, instruction, lecture or other manipulation. You cannot be “overturned” by the judge; you cannot be punished by the judge in any way (except possibly for an angry tirade).
“You merely have to know your rights and understand the judge’s “game” going in. It is, of course, best if everyone on the jury knows about Jury Veto Power before the trial. But it isn’t necessary. And only a couple of people on the jury need to be somewhat sophisticated about the “game” of covert jury intimidation and manipulation played by the judge. Even one educated and confident juror can teach all the rest, at the appropriate time.
“You wield more power as a juror in an important case than you will ever wield in your life! You could wield more power as a juror in an historic case than millions of your fellow citizens will ever enjoy!
“Being on a jury is big deal. It can be a very important and immensely satisfying life experience for you. On a jury you can be heroic and literally make history. Learn your rights and powers and be there.
These and other similar statements are easy to understand by almost anyone. Once the background supporting facts are presented, they are readily believed by conservatives and libertarians and honest liberals. Even those people who on first exposure to jury education reject the message as too revolutionary or radical, will remember later in the jury room if the law in question seems
unjust or foolish to them.
Compare the Jury Education message to other political movements or government exposé type information. Some other issues or movements, of necessity, depend upon complex and difficult information, which is impossible for many people to understand.
JURY EDUCATION saves the taxpayer money
There is no tax hike hidden in the Jury Education concept or movement. To the contrary, one of the indirect effects of a Jury Revolution will be to slash both government spending and taxes. The size, budget and power of many bureaucracies will be reduced, in some cases drastically. Our prisons will hold only real criminals, and this alone will save many billions annually.
NO LEGISLATION IS NEEDED – No politicians are needed either
Not a single politician need support the Jury Education movement for it to succeed. This is further proof of the unique opportunity we have. We already have the right and the power to nullify bad laws; we only need for a critical mass of the American people to understand this power.
Many worthwhile reform movements fail precisely because not enough politicians have the courage and wisdom to enact them. Our so-called “leaders” are subjected to great pressures and temptations that few can withstand. Getting courageous action and real reform out of politicians today has become almost impossible, especially when the opponents to the reform are wealthy and politically connected.
Isn’t it refreshing and freeing to find a concept so powerful, so beneficial and yet not have to need politicians at all to achieve total success? We only need to continue our grass roots public education, and multiply our educational program by using the media, the internet and other means.
Of course, many politicians are supportive. Even a few lawyers, retired judges and law professors are publicly supportive. Many lawyers offer private encouragement to the Jury Education movement. All of these provide useful and appreciated advice and support. But they are not needed.
OFFENSE – not DEFENSE
Trying to stop some undesirable and freedom-stealing new legislation or regulation from being placed on your back is, by definition, being on the defensive.
Jury Education is permanently on the offensive, creating the condition where a law must be supported and desired by most of the people to ever be enforced again. Every single citizen who learns of his or her rights, powers and duties as a juror puts us one step closer to our goal. Nothing that judges and lawyers do can stop us. Our success is cumulative over time – we never have to start over.
In any endeavor you can only win on the offensive. If you are always on the defensive, you can only postpone ultimate defeat and disaster. And you slowly slide into defeat; It is inevitable.
Fighting legislation can cost millions of dollars and millions of hours of volunteer time. Being on the defensive is expensive
and draining. It grinds your supporters up and burns them out. That is what your enemy is counting on. That is why he was smart enough to position himself on the offensive and stay there. Bad legislation that you defeat one year comes back the next year and the fight starts all over again – to just keep the progress that has been made, not to gain anything new. Eventually people get tired and quit and the freedom-stealing legislation passes.
This has been the pattern for every loss of freedom and expansion of government power forced on America for the last 100 years. It is no coincidence that this gradual slide into big, expensive and abusive government and loss of freedoms started about the time of the infamous (Sparf and Hansen vs. U.S.) Supreme Court decision of 1894, where judges were essentially given permission to not tell the jury of their power to nullify or veto bad laws. Since then, because of the peoples’ ignorance and passivity, the judges have dared to shift from passively failing to tell jurors about their power, to actively lying, bluffing and flagrantly tampering with the jury.
Consider the National Rifle Association, potentially the most powerful citizen organization in America. Although referred to as the “powerful gun lobby” by the gun haters, the NRA is in reality weak and is slowly losing. This is because they have been too stupid and uncreative to figure out how to position themselves on the offensive. – The NRA is also guilty of a couple of other just as basic errors or failures. In general, the forces of “liberalism” (socialism; statism) are usually on the offensive and the forces of “conservatism” (freedom; limited government) have been so naive, they remain on the defensive.
Aren’t you tired of wasting your time, money and energy on the defensive, where victory never comes. Certainly you can understand what every smart kid who plays a sport knows: you can’t win on defense! Are you ready to get on offense by being a Jury Educator?
In 1789, Thomas Jefferson wrote in a letter to Thomas Paine:” I consider trial by jury as the only anchor ever yet imagined by men, by which the government can be held to the principles of its constitution.”
Jefferson understood the unique power over government that the jury gives to the people. As you continue to read this, so will you.
WE “PLAY ON OUR FIELD”
Because the Jury Education movement operates outside the courtroom, beyond the judges’ power to crush freedom of speech, we have another great advantage. We don’t have to go into court and attempt expensive and often futile lawsuits or the like. Instead we operate in the realm of public education, publicity, talking to the media, using the internet, talk radio, conducting demonstrations in front of the courthouse and in many other places. We have free speech, and we can leverage that free speech in creative ways to bring powerful societal and psychological pressure upon the judges.
For instance, we don’t have to limit our public education and demonstrations to the courthouse or other government buildings. Judges are guilty of Jury Tampering and other serious crimes. Judges are trapped in immoral behavior, that damages them, their families and our nation. Therefore we can and should enlist the judges’ families, friends and associations in the effort to free the judges from their corrosive beliefs and behavior. We can and should expose, embarrass and humiliate all judges for this crime against the people.
Do not feel sorry for the judges. Remember, many judges now use shame routinely upon people they convict in their courtrooms.
Judges include provisions in their sentencing designed to publicly shame and humiliate the convicted person for his crime and make an example out of him to the community. It is time that the Jury Education movement and all other legal reform movements start to routinely use the same strategy on judges. “What’s good for the goose, is good for the gander.”
Judges are very vulnerable here; this is their Achilles heel. Judges, more than most people ( and sometimes their wives and
mothers and children), are very concerned about their “good name” and prestige in the community. Many judges are mediocre lawyers who wanted to become judges so they could “feel better about themselves” and have more prestige. When you expose the judges’
crimes and abuses in this way, you take all these advantages of being a judge away. You are also potentially drafting the judges family and close friends into working for you! If as a result of some judges lies and corruption at the courthouse, his wife or children also become social outcasts, what do you think will happen to that judge – and in his own home! The judge has absolutely no defense against this. This creates infinitely more pressure on judges’ than picketing in front of the courthouse or similar actions. Every other judge who hears about it will get a much needed “attitude adjustment”, long before he becomes the subject of such a campaign.
We can and should demonstrate and leaflet in front of a judge’s church, in front of his kid’s school, in front of his mother’s house, in front of his civic and social clubs. To pressure all judges as a group we should leaflet and demonstrate at all important civic and cultural events. This would include the symphony, opera, theater, charity fund raisers and galas, etc. We can easily and inexpensively exert pressure and leverage upon judges that forces them to reconsider whether their lies are worth it .
It is lawful, moral and biblical to take such actions. See Mathew 18: 15-17 and see the book Tell The Church (unpublished) and website for additional information on this concept.
By using the Tell The Church idea the Jury Education Movement is engaged in effective “psychological warfare” against a corrupt and recalcitrant judiciary and legal establishment.
JURY EDUCATION IS A SOLUTION – NOT JUST ANOTHER PROBLEM
Learning that you have real power and influence that no one can take away from you is always good news. Therefore the Jury Education message is encouraging and empowering for people to hear and understand.
Today, too much of what we hear of an exposé nature is problem, problem, PROBLEM! With no real and effective solution even suggested. What such information does to most people is to turn them off to the issues, depress them or make them into cynics. It has been said (by a cynic) that the day that most people wake up to what is going on is the day that they give up trying to do anything about it. Unfortunately, there is a lot of truth to this. But perhaps the reason for this is not inherent within the people hearing the message but rather in the thoughtless and often toxic messengers of doom and gloom, who only talk about problems but have no good solutions?
Isn’t it time people stopped studying, bemoaning and broadcasting endless problems while doing nothing to solve a single one. Too many people have inadvertantly become experts on why nothing can be done, because they are unaware of any solutions.
Jury nullification is a powerful solution to a whole spectrum of problems (more later). While nothing is a panacea, Jury Nullification and the Jury Education movement are perhaps the best single solution out there.
JURY EDUCATION HEALS APATHY
The news of freedom-stealing politicians and bureau_rats being “struck down” by a Jury Veto of 12 ordinary people will be received enthusiastically and even gleefully by millions of people. Events like this remind people how powerful they are too. Jury Nullification actually teaches people that we are superior to government. We are above the politicians, the bureau_rats and the judges. We are in charge! This is how Self-government is supposed to work!
“The jury which is the most energetic means of making the people rule, is also the most effective means of teaching it to rule”
Alexis de Tocqueville – Democracy in America
The Jury Education message can actually heal apathy, depression and cynicism -at least of a political nature. The understanding of the awesome power of the jury makes people want to get on a jury, rather than “duck jury duty”. Everybody likes to participate when they have real power. Nobody likes being manipulated and played for a fool. And people can smell when they are being manipulated.
The real reason so many people try to duck jury duty is because judges and lawyers are guilty of systematic jury tampering and manipulation.
The real reason for any bad jury verdict such as in the O.J. Simpson trial, the Menendez trial and similar trials is because of the misconduct of prosecutors, lawyers and especially judges. You treat people like fools and children and they will get even.
They will act like children. They will misbehave and bring in “corrupt” verdicts. (More on this in “Why Jurors Misbehave”)
When a person comes to truly understand and internalize his rights, powers and responsibilities as a juror, there can occur within him a fundamental change in his general attitude toward government and towards citizenship. He no longer sees himself as without power and at the mercy of abusive bureau_rats. He is no longer as likely to become as frustrated by cowardly and stupid politicians. He no longer sees himself as a permanent victim of government; never again will he fear government. He knows he can wield real power to fundamentally change government. He knows he is senior and the politicians and bureau_rats are junior. Jury nullification is his evidence and a Jury Revolution of millions of nullifications is absolute proof.
People do not want to participate in any activity where they have no power and are routinely controlled, manipulated and played for fools. People do want to participate whenever they have real power to beneficially effect the outcome. Jury education heals apathy and creates good citizens.
While you can never “heal” everyone, this will be the end of citizen apathy, cowardice and cynicism for tens of millions of people.
JURY EDUCATION HAS BROAD SUPPORT
Individuals and groups across the political and social spectrum support the renaissance of true trial by jury and have become jury educators: Democrats, Republicans, Libertarians, Greens, Independents, liberals, conservatives, pro-life, pro-choice, religious people, atheists, environmentalists, industrialists, business owners, farmers, ranchers, miners, pro-gun, anti-war, drug decriminalization … the range of support is unprecedented. Whatever group(s) you fit into, as a Jury Educator, you have allies you never had before. All sorts of people know that many laws are bad and that government routinely abuses power and people. They know that the jury puts power back into the hands of the people, where it belongs.
What this means to the movement is we can achieve our goal of a peaceful Jury Revolution sooner. What this means to you as an individual jury educator is there is less work for you to do. People you don’t even like are helping you!
JURY EDUCATION WINS WITH UNDER 50%
We don’t need to educate everyone in order to achieve a restoration of true trial by jury and precipitate a Jury Revolution. We only need to educate that “critical mass” or “critical percent” of the population that will make it impossible for a prosecutor and judge to empanel a jury that does not have at least one individual (preferably more) who is knowledgeable about the power of the jury. The theoretical critical mass is only one out of twelve or 8% of the jury pool (all registered voters).
However, because of the present tactics of judges and prosecutors to uncover and kick off the jury anyone who knows the truth about the jury’s power and other tactics of intimidation, tampering, “jury stacking”, etc. a realistic critical mass is probably around 30% to 40%. This number should be more than enough to overwhelm any jury tampering and “jury stacking” by the judge or the prosecutor.
As activists we do not need to laboriously and personally educate even this number of people across the nation. Criminal trials, especially when they end with a jury nullification verdicts, can achieve significant media coverage. The media coverage from a single jury nullification in a small state or even in a tiny town somewhere could get national coverage and thereby help educate millions of people all over the country about the power of the jury to nullify bad laws.
Consider in the near future a jury nullification verdict happening somewhere in America. After the jurors are dismissed by the judge, they immediately walk outside of the courthouse (with the former defendant if they choose) and walk straight up to the TV cameras and newspaper reporters and explain why they nullified the law and why they had the right and power to do so. And they explain exactly how the judge unsuccessfully tried to bluff them, intimidate them and tamper with them. They go on to publicly demand that the local Grand Jury indict this judge immediately for felony jury tampering and indict all the local or state judges for conspiracy to commit jury tampering, among other indictments. This scenario can happen and it will happen. This is a Jury Revolution and it can spread to all states overnight once it happens in one state.
NO ONE LIKES LAWYERS
The general public already regards lawyers, as a group, as morally defective. And lawyers have earned their reputation; they deserve it. Lawyers hate other lawyers; lawyers wives don’t like them; and we have reports that some lawyers mothers don’t like them either!
Part of the Jury Education message is the reminder that judges are merely lawyers who work for the government!
Judges are subject to all of the character defects of lawyers in general. Judges are exposed to tremendous pressure and temptations. And all judges are effected by them. To be sure, there are some excellent judges and judges of fine character. However, some lawyers will tell you that some of their worst become judges. (Read Gerry Spence’s books. Spence is devastatingly critical of judges.) There was a line in a recent TV show: One TV lawyer says to another – “..ambitious and incompetent, you’ll be a judge someday..”
This is not to unfairly beat up on judges. This is to knock them off their pedestals of usurped power, false prestige and undeserved respect. For, right now, judges do not deserve respect or prestige.
ALWAYS REMEMBER: Even the most honest (criminal court) judges are guilty of participating in a wholesale conspiracy to usurp the jury’s power, tamper with the jury and other crimes. Even the most honest judges are passively and silently allowing other judges to destroy trial by jury. And it does not matter how much pressure they are under from other judges to keep quiet and go along.
They are still guilty. It does not matter that the lying and jury tampering started over 100 years ago, before they were born.
They are still guilty. It does not matter that nobody told them about this in law school. They know about it now, and they must tell the truth now. It does not matter that judges assert that the wholesale use of jury nullifications would lead to “chaos” and “shake the legal system to its foundation”. So what! Freedom itself is “chaos” — to a tyrant! The judges are still guilty . all of them. Do not feel sorry for them. Do not trust them. Demand that judges come clean and tell the truth, and slowly.they will.
NO ONE TRUSTS LAWYERS
Lawyers have destroyed their credibility with the public and have earned a reputation as liars and manipulators. Once a person learns the jury’s power to nullify bad laws, lawyers and judges can argue and deny the fact as much as they want; nobody will believe them! Lawyers have a lot of money as some have gotten extremely wealthy essentially stealing. Lawyers (and judges) have millions to spend to protect their stolen power. They could launch a campaign of disinformation and outspend the Jury Education movement 100 to 1 or 1,000,000 to 1. It won’t work; nobody will still believe them. In fact, their efforts to tell even more lies will probably only backfire on them. Lawyers are already using their best strategy: hiding.
Once a person “hears” the power of the jury “out of the mouth” of Thomas Jefferson, John Adams, Alexis de Toqueville, John Jay (1st Supreme Court Chief Justice), Samuel Chase (Supreme Court Justice), Oliver Wendell Holmes (Supreme Court Justice), Harlan Fiske Stone (Supreme Court Chief Justice – 1940’s) and many other great statesmen, jurists and legal scholars is anybody going to believe today’s lawyers and judges?
AMERICA IS READY FOR THE MESSAGE
Americans are increasingly fed up with government abuse and intrusion. Many people respond enthusiastically and even gleefully that they have the absolute power to “veto” hated laws and thus “shut down” hated bureau_rats and lying judges.
People realize that government is the problem and will never be the solution. Government has passed the point of no return; it cannot reform itself. Only the people can reform government and we will by using a “Jury Revolution”
JURY VETOS ARE FORCE – NOT JUST PRESSURE
For over 700 years, trial by jury has been the only way for the people to personally and peacefully force the government to stop abusing power. Voting, lobbying, letter writing, picketing, etc. are merely means for citizens to put pressure on government to change. Unfortunately, these all depend on politicians being convinced by the citizens’ arguments, being uncharacteristically courageous.. And then taking the requested action.
A million letters, calls and e-mails to congress can be ignored. A jury veto is absolute and final and all the Congress and all the judges cannot overturn it. A few dozen jury vetos of a particular law, sometimes more, and sometimes less and that law is essentially dead. Why waste millions of dollars trying to get apathetic citizens to write whiny letters to cowardly congressmen and spineless senators? Why not become Jury Educators and start a Jury Revolution? Why not have some fun? Why not be smart? Why not go on offense? Why not win for a change?
JURY NULLIFICATIONS ARE PSYCHOLOGICAL WARFARE
Whenever a prosecutor loses a case it is unpleasant for him. The jury didn’t believe him. Similarly the police who made the arrest and testified in court often get angry or depressed. The jury just called them liars or worse. Prosecutors and cops do not like to lose in court. Go ask them.
But when prosecutors and cops and judges get nullified..Now the pain of defeat goes up exponentially. Before they were embarrassed; now they are absolutely humiliated. With a mere acquittal the jury tacitly said “We don’t believe you.” When a jury vetos the law itself, the jury is going much further and saying: “Why did you prosecute this person? This is a bad law and you are an abuser of innocent citizens for enforcing it. You just wasted our time and a lot of taxpayer money, etc.”
Prosecutors, cops and the bureau_rats who perpetrated or enforced the bad law cannot emotionally and psychologically handle jury nullifications and never want it to happen to them again. And sometimes one single nullification is enough to convince a particular cop to never arrest a person on that law again. With prosecutors it is more political and the pain may have to build before they quit enforcing bad laws. On the other hand, practical politics (getting re-elected), may motivate the prosecutor to quickly and publicly renounce enforcing a particular law again.
And what about judges and their pain. The judge read his jury tampering instructions, he told the jury that they “must enforce the law as given, no matter how they felt about it” and other lies. He forced the jury to swear a usurping oath to do what he told them to do! He did all his carefully rehearsed theatrics and tricks to impress and control the jury. But the jury called him on all of it! They tacitly called him a jury tamperer as well as a liar. The pain that judges can feel is much deeper and more personnal than even that of prosecutors and cops. The judge places himself in such a high and mighty position with his words, tone, facial expressions, etc. that when the jury knocks him down he has much further to fall. We have heard reports of judges flying into insane rages in their chambers after a jury veto. When a particular judge gets nullified all the other judges know about it and do not like it. They might view the nullified judge as a screw up who “failed to control the jury”. He has created problems for all of them.
Possibly, the greatest psychological benefit of a single jury veto or nullification happens because not only are all other judges watching what happened; but all other cops and prosecutors are watching too. Maybe a lot of the cops didn’t even know what a nullification is, but somebody will tell them. They already know what losing is. All of them hate to lose. And a jury nullification is the worst kind of losing. All of them know what embarassment, humiliation and public condemnation– neighbors and friends laughing at them.. are too. And most cops, prosecutors and judges don’t want any of it to happen to them. They look at their colleagues who “got jury nullified” and pray “Oh God, please don’t let that happen to me!” Jury nullifications are sort of like dominoes. Once one goes down, more and more tend to go down; until it becomes a flood. So either a lot of cops and prosecutors or all them are going to get humiliated. It is up to them.
And so one at a time, in their own way, every cop, every prosecutor, every bureau_rat and every judge will surrender to the people and their Jury Revolution. They will stop the self-deceptions and sophistries: “I was just doing my job” or “I didn’t make the law”, “It’s not my fault”, “They made me do it”, “I was just following orders”, etc. The best among them will regain their honor and join the people. The worst will go away or even go to prison.
There is only one way to escape from the pain. And that is to stop enforcing the bad laws. Which bad laws? All of them. Stop enforcing all the laws that the jury keeps telling you are bad. This is a Jury Revolution and this is the way America is supposed to work. Yes, eventually the legislatures will repeal the bad laws, long after jurors have killed them dead. That is the way America works also. Politicians and legislators are not leaders; they are followers and they always have been. Read the Quotes for Jury Educators. Study the history of jury nullification.
Right now we have a lot of bad laws, bad government and bad bureau_rats, precisely because judges have been lying to jurors for a long time. There will be major changes in government and in the legal system. These changes will be cathartic and painful to some. Egos will be bruised. Careers will end in disgrace. Prison guards, prosecutors and judges will be laid off. But we can get through the changes. It will all work out. And a peaceful and thoughtful Jury Revolution is infinitely better than the alternatives.
“The people are the masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow the men who pervert it!” Abraham Lincoln
JURY POWER WON’T DISAPPOINT YOU
Jury nullication of bad laws is a centuries-old pillar of freedom and self-government. It is dependable; creates fundamental freedoms and strikes down government foolishness and tyrants automatically whenever the people use it consistently. It is not some weak and flawed candidate or politician who will lie to you, fail you, “change his mind” and betray you. It is not some citizen initiative which will fail to be adopted, get struck down as unconstitutional, get out smarted by legislators who pass new laws to defeat it, etc.
JURY NULLIFICATION REMOVES THE MOTIVE
Jury nullifications “automatically” or “naturally” eliminate bad laws. Most bad laws typically benefit some special interest group, but harm the majority of the people. Most bad laws typically got enacted because the good folks in the legislature got tricked or bribed (again) by the lobbyists to give some special interest group what they want while the people and freedom itself get screwed – again.
During a full blown Jury Revolution it will be impossible for any of these kinds of “laws” to survive. Bad laws will all
eventually be killed by jury nullifications. The huge financial cost to special interests to enact those bad laws will become a total loss.
It is expensive for special interest groups to make dupes and whores out of your public servants. It takes a lot of time and money. It is a big investment. They have to get a return on their money. If the “laws” they get enacted are easily and cheaply (virtually automatically) destroyed by jury nullifications, where is the motive for a special interest group or lobbyist to spend all that money to bribe all those politicians? There isn’t one! Jury Nullification removes the motive to pass bad laws and to bribe politicians.
JURY NULLIFICATIONS ELIMINATE CORRUPTION
Jury nullifications will obviously reduce corruption among judges and prosecutors. But they will do more.
Because jury nullification removes the motive for all the corrupting money to come to Washington (and into every state capitol) then obviously good people won’t be getting corrupted by it.
True, some people who come to Washington as politicians, staffers, lawyers (250,000), lobbyists, party apparatchiks, etc. don’t need corrupting. They were already corrupt, and that’s why they got the idea to go to Washington in the first place.
Senator John McCain is concerned about the corrupting influence of all that special interest and lobbyist money on your noble public servants. McCain and others are concerned that all the campaign bucks, the partying, the junkets, the flattery, the begging for more and more money are unseemly and corrosive to the morals of our congressmen.
I agree with McCain and I like him. I admire him greatly for his incredible courage long ago at a place called the “Hanoi Hilton”. So I tread lightly when I correct John McCain.
However, I must. Senator McCain is somewhat correct regarding the effects of “all that money”, etc. Not only does all that money and the whole scene in Washington corrupt good people, it draws the weak of character into political office and into public service in the first place. “All that money” and all that prestige, fame and glory magnetizes the wrong kind of people into politics. They are egoists and prima donnas, if not outright crooks.
But, Senator McCain doesn’t have a clue how to solve the problem; he doesn’t even know what the real problem is. To pass a law that is a blatant attack on Freedom of Speech . I don’t know what to say. The McCain Feingold Bill is an inexcusable and unconstitutional attack on Freedom of Speech and yet the Congress figured out how they were going to beat it, before they even passed it.
The true solution is Jury nullification and a Jury Revolution. When you Remove the Motive (see above) for special interests to give so much money to politicians, you have done a great deal to eliminate the corrupting influence of money and you haven’t destroyed Freedom of Speech, as an unintended consequence, as John McCain unfortunately advocates.
JURY EDUCATION SOLVES MANY PROBLEMS
Concerned about losing your guns? Overregulation of your business? Private property rights? Persecution of alternative healers? Attacks on your freedom to buy vitamins? Ridiculous environmental laws? Loss of your Freedom of Speech? Sick and tired of an insane and failed “war on drugs”? Tired of the prisons being filled with people whose only crime was to “assault” the ego of some bureau_rat? Hate laws? Political Correctness twaddle?
Jury Education will help (or totally) solve all of these problems and more. The reason we have these government caused problems is because judges have been lying to jurors for so long and the bureau_rats ran amok. Government abuse of power and stupidity cannot exist in the same nation with universally educated and empowered jurors.
Therefore, you as a jury educator can correct a whole range of problems by working on just one solution. Is that an efficient use of your time? What problems do you want to solve? How many of them can be benefitted or solved totally by jury nullifications? Then why not fix all of them at once? Tell the people about jury nullification and then “let nature take its course”. Let the jurors “veto” out of existence all of the things about government that make you angry.
JURY EDUCATION IS EXTREMELY COST EFFECTIVE
For the same expense as one major state legislative campaign, a critical mass of the voters (in a small state like Idaho) can be educated regarding their power to nullify bad laws.
Or, for the cost of defeating one major piece of bad legislation, the condition can be created where ALL bad legislation (past, present, and future) will be “automatically” swept off the books by jury nullifications.
Or, for the cost of defeating just one bad politician, the condition can be created where ALL bad politicians will be defeated and neutered permanently. And at the same time ALL bad judges and ALL bad bureau_rats will be defeated also.
Or, for the cost of putting one “good politician” into power, we can put the people back into power permanently.
Is this not the greatest political bargain in American history?
(Note: The estimated cost of a statewide jury education campaign assumes the activists will be optimally efficient and frugal, and do most of the legwork as unpaid volunteers. They should spend most of their money on millions of short fliers, protest signs and the like. The distribution of the educational materials to the public would be by means that are free or essentially free like doing demonstrations to get TV coverage, web-sites, getting on talk radio and lots of volunteers actually getting off their ass and going out and distributing the fliers and doing demonstrations. This is how activists should behave anyway and not engage in the gold-plated, consultant-driven TV ad campaigns of politicians.)
HOW SOON CAN IT HAPPEN
Let’s take a lesson from the world of sports. In 1953 almost everyone said that it was physically impossible to for a man to run a mile in under four minutes. Doctors, scientists and other “experts” invoked lung capacity, heart size, energy reserves, blood sugar, fatigue, etc. to “prove” their case.
Then, in 1954 Roger Bannister broke the “four minute barrier”. He achieved this feat because he did not believe it was impossible. He did not accept that there was a barrier there at all. He rejected the pronouncements of the experts.
Now this is a good story, so far, but the most instructive and inspiring part of the story is that within one year of Bannister’s achievement, thirty-seven more men had duplicated it! And within two years, three hundred men had done what was “impossible” a short time before! A breakthrough by one man had knocked down all the psychological barriers to running a four minute mile. A single person had also knocked down the conventional wisdom of the entire distance running world including all the athletes, doctors, trainers and coaches. One person had created the condition where hundreds of people could now “do the impossible.”
Today, many experts, political activists, political scientists, lawyers and judges say that it is impossible to achieve a return to true trial by educated or informed jury. These “experts” say it is impossible to return to a world where jury nullifications are happening routinely and often in massive numbers; where no bad law can survive for long. The experts invoke corrupt and desperate judges, bloated and dictatorial government, over-regulation, vicious bureau_rats, apathetic people, bad schools, ignorant teachers, generations of dumbed-down students, etc. ad nauseum. Some “experts” say “maybe it could happen but it will take a long, long time.”
All of these “experts” are wrong and a breakthrough in as little as one small state will prove it. A single state that achieves a critical mass condition regarding knowledge of jury nullification in the jury pool, will do to our corrupt and jury tampering judges what Roger Bannister did to the “four minute barrier” in 1954.
Once a Jury Revolution breakthrough happens in one state, it will happen across the country very quickly, like a dam bursting. The rest of the country will become fully informed of their power to nullify bad law, not so much by the jury education activists but by the media and by the internet. There will be a rolling momentum of publicity as state after state goes “critical mass” regarding knowledge of the jury’s power. We live in the information age. We have television, 24 hour cable news, radio, internet radio, talk radio, e-mail, web-sites, fax machines, etc.
A single jury nullification in a criminal trial is big news, especially if the jury educators are smart enough to “engineer” the media. An “epidemic” of jury nullifications, even in one state, can create a national media firestorm, if jury educators and their supporters help to keep it going and get the most educational value from it.
All we need are jury education activists who have enough vision and commitment to make it happen in one state and then help orchestrate the media flood that will follow.
JURY EDUCATION DESERVES YOUR SUPPORT
Why not take a moment and mentallyadd up all the money and all the time you have contributed to political candidates and political causes over the years. Compare that to the benefit those politicians political movements produced for you and for the country.
Are you satisfied with what you have been getting? Would you like a better return on your investment? A better return is available now. Will you become a Jury Educator, working with millions of others, helping to create a renaissance of true trial by jury— the “anchor” of Thomas Jefferson, the protector of our constitution and of all of our freedoms?
Copyright © 1994-2004, Dwight M. Callaway
Judges LIE To Jurors
Judges Lie To Jurors – all the time in criminal trials, especially when the law is unpopular or abusive. Judges are guilty of destroying the most important function of trial by jury – which is the elimination of foolish, unnecessary and freedom-stealing laws. Judges try to steal the jury’s greatest power and turn independent jurors into puppets. Thus, judges protect bad government and enable government abuses of power to continue.
When you serve on a jury in a criminal trial, you have the right, the power and the duty to vote as your conscience and common sense dictate.
Because the conscience and common sense of jurors is the whole reason we have jury trials in the first place!
Yet judges routinely lie to jurors and try to manipulate them into ignoring conscience and common sense – and doing what the judge wants. This is called “jury tampering”, which is a felony. But judges get away with it simply because not enough people understand what is happening.
John Adams, who later became the 2nd U.S. President, in 1771 said of the juror: “it is not only his (the juror’s) right, but his duty.to find the verdict according to his own best understanding, judgement and conscience, though in direct opposition to the direction of the courtQuoted in Yale Law Journal, 74(1964): 173.
“The law itself is on trial quite as much as the cause which is to be decided.” Harlan F. Stone, 12thChiefJustice, U.S. Supreme Court, 1941.
John Jay, first ChiefJustice, U.S. Supreme Court, In Georgia v. Brailsford, 1794:4, said: “The jury has a right to judge both the law as well as the fact in controversy”.
(On the Internet you will find dozens more similar quotations from America’s greatest statesmen and judges supporting “jury nullification”, “jury veto” or “jury independence”. ) See: http://www.freedomlaw.com/JRYQuot.html and
http://jctmac.tripod.com/jurynull.html among other sites
As a juror, you are the final safeguard against bad government, foolish legislators, freedom-stealing laws, abuses of power, etc.
If you feel that the law is bad . or there are other factors that would make you regret a vote to convict (even when the defendant clearly broke the “law”), you have the right, the power and the duty to vote “Not Guilty”.
This is known as “jury veto power” or “jury nullification”.
Jury Veto Power is the most powerful and available tool the people have to control their government. Americans have forgotten that the jury is in fact a “Fourth Branch of Government” and has veto power over all the rest of government.
Government abuses power in only one way: by enforcing bad laws. If bad government cannot enforce its bad laws, then bad government will soon be out of business. Take a moment and think of all the foolish, intrusive, abusive and unconstitutional laws that exist today. Think about all the things about government that make you angry. Think about anti-gun laws, anti-vitamin laws, anti-business laws, phony environmental laws, failed drug laws. Think about government attacks on freedom, justice and common sense everywhere! Think about government agencies, bureau_rats, prosecutors and judges who use bad laws to intimidate and harm innocent Americans. Jury Veto Power is the deliberately hidden solution to all of this.
Jury Veto Power is the Achilles heel of bad government. Jury veto power is your greatest power as a citizen – far greater than your power as a voter. Jury Veto Power gave the nation of England Freedom of Religion and of Assembly (1670). Jury Veto Power gave America absolute Freedom of the Press and of Speech (1735); helped end slavery (1850’s); gave workers the right to strike (1880’s-90’s; ended prohibition (1930’s) – to mention only a few. Jury nullifications are the people’s peaceful method of “pruning away” government abuse and stupidity.
Thomas Jefferson, in a letter to Thomas Paine, 1789, said: “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”
The problem is judges lie to jurors and manipulate jurors in a deliberate attempt to stop the jury from performing this most important function. Why does government seem to only get worse, no matter who gets elected to office?! Simple — we forgot about the power of the jury and we believed the lies of judges.
The problem of lying and jury tampering judges is not new. For centuries, some judges have tried to cover up the jury’s power and manipulate jurors. The best judges and statesmen resisted this usurpation of power – and we have many excellent quotes to prove it. In 1894, immoral and corrupt judges won the “debate” within the judiciary with a bitter split decision (Sparf) in the U.S. Supreme Court (quotes available).
Today, most judges seem to feel that since they “got away” with this crime a long time ago, they should not be confronted and exposed today. It’s embarassing for judges to admit that they are liars and jury tamperers. Some judges cowardly smear jury nullification, but they will not publicly debate experienced jury educators. They can’t debate; they have nothing to stand on but lies and sophistries. A few judges and many lawyers want to tell the truth publicly, but they are afraid of career-destroying retaliation from the legal establishment. As always, fundamental reform in government must come from the people. That means the solution is you.
WARNING: Judges are very skilled at bluffing and intimidating jurors. They use “instructions” and “jury oaths” that are fraudulent and unenforceable. During jury selection, they try to find out who knows about jury veto power and throw them off the jury. Do not be afraid of the judge. As a juror, you are superior to him – the judge rightfully is the servant of the jury. (Watch the judge stand up when the jury enters the courtroom.) You can defeat the judge and vote your conscience and fulfill your sacred duty as a juror – but you must know how.
Your verdict of “Not Guilty” to veto a bad law cannot be overturned. It is absolutely final. You cannot be punished for your verdict as a juror. The judge cannot force a jury to change their verdict or to keep deliberating when a jury is truly and sincerely deadlocked. This proves that the jury has boththe right and the power to veto bad laws. But the judge will try to trick and bluff the jury into doing what he wants. If you know how, you can be a real and powerful juror and not a mere puppet or stooge.
Jury veto power is a solution to many serious problems. Therefore, this isyour opportunity to be part of that solution. No new laws are needed; no politicians are needed. We have the power now to peacefully eliminate all bad laws. More “jury educators” are all that is needed. You can easily become a “jury educator”. You can help create a peaceful “jury revolution”, whether you are ever on a jury, or not. Are you smart enough to understand this? Do you have the courage to do something constructive and powerful with this information? Do you care enough about your country or about your children and grandchildren to take effective action now?
What Can You Do? Learn a little more and then tell others – a few or many people – whatever is right for you. Be a “jury educator”. That’s all that is needed. Copy this flier or other similar material (from the internet) and give it to others. Use e-mail, fliers, talk radio, etc. Use your imagination! You will be very glad you did. If you personally know a judge, learn more and then confront him, as a true friend should. Tell all his friends and family too. Tell his church and his civic and social clubs. If you know anyone who knows a judge, give them this information. This is an extremely serious moral failure among the judges. Judges are trapped in a web of denial, lies and vicious peer pressure. Some judges suffer from great arrogance and pride.
Some fear the loss of undeserved power, prestige and respect. Some may fear being prosecuted for jury tampering. All judges fear
“professional retaliation” from other judges and the “legal industry” if they were to openly tell the truth.
If judges are going to tell the truth, they are probably going to need the intervention of church, family and friends – who know the facts and can’t be fooled by denials and excuses. And they are probably going to have to face many jurors who “call them” on their lies in court and veto bad laws.
The Internet is loaded with information. Some good web-sites are: http://www.juryduty.org ; http://www.fija.org ; http://www.freedomlaw.com/fijalink.htm ; http://www.levellers.org/jrp ; http://www.freedomlaw.com/JRPTransformA.html ; http://www.freedomlaw.com/JRPSTUPID.html
This is only the beginning!
1) On the Grand Jury
2) Juror’s Handbook
3) Current State Constitutional Authority for Jury Veto
4) If You Are Called For Jury Duty
5) If You Are Facing Charges
Fully Informed Jury Association [ JUROR’S GUIDE(S) [Above] ]
Jury nullification education still barely ‘legal’ in USA, rules judge
(NaturalNews) Jury nullification, a legal concept that dates back to 17th century England, remains perfectly lawful in the United States, according to a ruling by a federal judge last month.
U.S. District Court Judge Kimba Wood said 80-year-old Julian Heicklin, who was arrested by FBI agents for passing out pamphlets marked “Jury Info” from an organization known as the Fully Informed Jury Association to an undercover agent, was within his legal rights under law to do so. Prosecutors had argued that Heicklin was in violation of U.S. law, which prohibits influencing jurors through written communication.
“Heicklen advocates passionately for the right of jurors to determine the law as well as the facts,” Wood wrote. “The pamphlets state that a juror has not just the responsibility to determine the facts of a case before her on the basis of the evidence presented, but also the power to determine the law according to her conscience.”
Jurors can be told about nullification, not about how to decide a specific case
Wood said Heicklen well understood his legal rights, and noted that Title 18 United States Code, which government lawyers cited in their prosecution, prevents trying to influence a juror in relation to specific cases or points of law. Heicklen was not doing that, Wood said.
“The statute thus prohibits a defendant from trying to influence a juror upon any case or point in dispute before that juror by means of a written communication in relation to that case or that point in dispute,” the 27-page order says.
“It also prohibits a defendant from trying to influence a juror’s actions or decisions pertaining to that juror’s duties, but only if the defendant made that communication in relation to a case or point in dispute before that juror,” the order continues. “The statute therefore squarely criminalizes efforts to influence the outcome of a case, but exempts the broad categories of journalistic, academic, political, and other writings that discuss the roles and responsibilities of jurors in general, as well as innocent notes from friends and spouses encouraging jurors to arrive on time or to rush home, to listen closely or to deliberate carefully, but with no relation to the outcome of a particular case.”
Judge the law instead of the lawbreaker
The concept of jury nullification is that jurors should be able to not only decide whether a defendant violated the law, but whether the law itself is just and proper. Another way to describe the process is that it’s a constitutional doctrine allowing juries to acquit defendants who are technically guilty of a crime on the books but who juries don’t feel deserve to be punished. In essence, the jury is saying the law is unfair or unjust.
In Heicklen’s case, Wood wrote, “the court reads the plain text of the [federal] statute to require that a defendant must have sought to influence a juror through a written communication in relation either to a specific case before that juror or to a substantive point in dispute between two or more parties before that juror.” And Heinklen, a retired chemistry professor, didn’t do that, Wood ruled; he was simply informing juries outside a federal courthouse in Manhattan, from October 2009 to May 2010, that they were under no obligation to find defendants guilty of laws they didn’t feel were just or proper.
In his dialogue with the undercover FBI agent who posed as a juror, Heicklen said the pamphlet he was handing out was just general information regarding the nullification process.
“The jury has the right to judge the law as well as the facts. The judge will tell you otherwise, but there are several Supreme Court decisions which said that was true. In other words, if you think the law is unjust you can find a person innocent,” he said, according to a transcript of the conversation released by the court.
Prosecutors argued that “advocacy of jury nullification, directed as it is to jurors, would be both criminal and without Constitutional protections no matter where it occurred.”
“His speech is not protected by the First Amendment,” they added. “No legal system could long survive if it gave every individual the option of disregarding with impunity any law which by his personal standard was judged morally untenable,” they said.
Prosecutors were seeking six months in jail. They didn’t get it.
Sources for this article include:
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