Jury Nullification Reminder . . .
jablake
Hello All,
With our individual freedoms under attack from the Congress, the courts, Executive Branch and even municipal governments (like the City of Phoenix), now is a good time for people to educate themselves on not only how to restore their individual rights but also what can be done to secure them. How it can be done is simple and legal.
The answer is: jury nullification.
Since the 13th century when juries were first utilized in England as a result of the Magna Carta, jurors have had the right to nullify (i.e. strike down) laws that they deemed oppressive by acquiting a defendant arraigned for violating oppressive laws enacted by government officials.
In other words, a jury has the power to judge not only the facts of the case but the law itself. Juries have the power and (for lack of a better term) duty to judge the law, and as a juror you are under no obligation to uphold it if the law someone is being charged with breaking violates a person's rights and freedoms.
With the wars on [some] drugs and terrorism looming to be even bigger problems than they are now, I urge each of you to get the facts about this right jurors have had for hundreds of years yet the legal establishment has made it a point to prevent people from knowing about it.
The only way to adequately restore our natural, individual rights is to educate people so that those who are accused of non-violent, consensual, adult-oriented activities (like drug, gun possession and prostitution) will be acquitted so the laws that oppress them will be struck down.
While you can pursue getting people elected to office to undo much of the damage done to our rights, legislative bodies will almost always confirm the constitutionality of their own acts and the oaths sworn by judges and legislators are only as good as the power to enforce them.
Nor are elections adequate to prevent tyranny since elections come only periodically and are no guarantee of repealing the laws that violate people's rights. The best way to secure our liberties is for juries to veto unjust laws passed by politicians and upheld by courts which would result in bad laws being repealed.
While there is some concern that the way jurors are selected is so rigorous that the jury selection process is rigged to screen out jury nullification activists. However, the voir dire process can only weed out so much. For example, an August 1999 report published by the Washington Post points out that more and more people using the jury box as a form of civil protest. While the report is somewhat dated, and the study acknowledges that rebel jurors comprise a small number of the thousands of people who turn out daily for jury duty. However, the cases cited in the report revealed a consistent, significant pattern of juror defiance.
I think there is cause for hope because this little known power jurors have is still a component of the checks and balances which is an essential part of our republican form of government and it seems a small number of people are willing to take the risk not to convict people of consensual crimes, despite a defendant's violation of the law.
If you live in the Phoenix metropolitan area and would like to help inform people of their rights when serving as jurors, please send me an e-mail at [email protected] or call me at: 602-405-6668. as I would like to do more activism on this issue. If your time is limited or you want to do your own activism, please consider giving support to the Fully Informed Jury Association ( http://www.fija.org ) which exists soley to educate the public about jury nullification or do your own activism by telling your family members, friends, clients, etc about this right jurors have.
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Cheers,
Mike Renzulli"
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In the early 90's, photographer Jock Sturges was arrested and prosecuted by the FBI. Jock had a working relationship with nudist families and he took artistic pics of naked girls aged 11-17. A San Francisco jury not only aquitted Jock of the charges, they also ordered the FBI to return everything they took from him-pictures, equipment, and computers.
A Los Angeles jury aquitted a pornographer who made rape videos. The pornographer found actresses actually willing to take real beatings-split lips, fractured ribs, black eyes, and massive bruisings. The only faked part was that the actresses would have their throats slit at the end of the vid.
Los Angeles juries released O.J., Robert Blake, and the wall of sound music producer (can't remember his name).
A beastiality trial in Los Angeles is on hold because it was found the judge actually liked looking at horses fuck women and men.
So, if you're going to do anything outrageously sexual, do it in California.
I think the more education a person has about the lawyers, judges, and the court system, the less likely he will be in awe of the people; or the process. Some are razor sharp and others leave you wondering how they graduated from high school.
I may be 100% dead wrong, but I doubt the typical judge has more than superficial knowledge regarding jury nullification.
OK, ok. Time to make the question more stripper related. Stripper is arrested on charges of prostitution. Jurors should follow the judge's lead or use the weapon of mass destruction known as jury nullification?
(Yes, I realize a fair number of murdering maniacs would waltz free if this weapon was ever actually allowed; not that there's a man bites shark chance o that.)
Useful jury nullification nullified!
I used to believe NOT talking with the police was self-serving BS promulgated by attorneys desperate to generate more business. With police officers getting paid extra to hang out at the courthouse waiting for trial the game changed radically and I don't think the police are trustworthy either, now. Just a money game built on fraud and more fraud.
Still NO lawyers giving a "learned" or unlearned opinion. :( I'll be seeing a lawyer tomorrow and if by slim chance I remember I'll ask what he thinks about jury nullification. He strikes me as the type who'll say that he doesn't know rather than BS. I don't think he's handled any non-civil cases, but who knows perhaps early in his career.
They're supposed to be there to protect and serve. And, here in South Florida many years ago if you were white essentially they did try and keep the peace and do right as opposed to enforce the law.
With their pay partially dependant on seizing drugs and going to court and even issuing traffic tickets, they as whole became much more like the government and the government's courts: considerably corrupt. :( Oh well, with all those dollars enticing them it is hard to blame 'em for going bad. Heck, if a judge or lawyer is worth $200,000 a year then a police officer is worth just as much---actually more.
The cattle class thinks legal work is difficult---it is because that is part of the scam. It can take years for a hoodlum judge to decide even easy cases because his desire to keep the billable hours mounting is so strong. The "learned." :) Actually, the true learned learn about the system itself right from court opinions and case files.