The Power Of The Juror
Periodically I will post little known points of law, most
often Constitutional issues.
By de Andréa
August 23, 2013
Unlike
Obama who got his diploma from a box top and studied Constitutional law from
Saul Alinsky’s book on Community Organizing…In ‘my’ travels through the U.S.
Constitution while taking Constitutional Law 101 and 102 at Michigan’s Hillsdale
University, I sometimes discover little known bits of useful information that one
can use. This is one of those little
known bits…
I believe that I introduced
this issue last yearand maybe even the year before, but with Jury Rights Day just around the corner, coming
up on September 5, it is a good time to reflect upon a Jury’s Duty ‘and rights’ once again. If you or a friend has been called for Jury
Duty, you might want to print this article and all the supporting source
information and/or just forward it to a friend.
Our Founding
Fathers, in all their God given wisdom, gave us a Constitutional Law with
layers of safeguards, so that if we erred, we had several venues in which we could
correct that error, peaceably – without even a shot being fired.
Little known, is
the absolute tremendous power that a single juror actually has. More power than the police the Attorneys
General, more power than the judge, than even the legislator of the law itself,
more power than even the president of these United
States and the Republic
of America .
One of these very
important layers of constitutional checks and balances is Jury Nullification. John Adams and Thomas Jefferson were very
strong advocates of this right. Where
the rubber hits the road “We The People” have all the power.
Our framers
stated:
“It would be an absurdity for
jurors to be required to accept the judge’s view of the law, against their own
opinion, judgment, and conscience.” (John Adams)
“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.” (John Adams, America’s second President; 1797)
“I consider trial by jury as
the only anchor yet devised by man, by which a government can be held to the
principles of its constitution.” (Thomas Jefferson, in a letter
to Thomas Paine; 1789)
“The juries [are] our judges
of all fact and of law when they choose it.” (Thomas
Jefferson to Samuel Kercheval; 1816. ME
15:35)
And the one that
holds the most credibility in my book is the First Chief Justice of the U.S. John Jay, in 1789, he stated on
this issue, “The jury has the right to judge both the law as well as the fact in
controversy.” He went on to say
that, “…any law that violates constitutional law is not law, and shall not be
enforced by any law enforcement officer or shall not be upheld by any court”.
Lastly, and most
succinctly, Alexander Hamilton, in 1804, said that, “Jurors should acquit, even
against the judge’s instruction… if exercising their judgment with discretion
and honesty, they have a clear conviction the charge of the court is wrong.”
Jury Rights Day
Simply stated, from
the time of the signing of the Magna Carta by King John in 1215, and right up
to the present, as I stated earlier, “We the People”, when in the role as
juror, wield immense power over the facts and the laws of the case that are in
question. The power of the Juror is
greater than that of the courtroom judge, the legislators who wrote the law, or
even that of the President of the United States .
The axe the Jury
wields is NULLIFICATION,
and in spite of what a judge may instruct you, the Jurors do not have to obey
the courtroom judge regarding the decision of the case. You cannot be intimidated by the courtroom,
the judge, or the venue.
If in your
estimation the accused is guilty but the punishments are too harsh, if the laws
are flawed, or if a government is running rampant over the populace, as is
currently the rule, the juror’s power to nullify can easily stand in peaceful
opposition. Jury nullification has
protected our freedom of speech and even helped to overturned prohibition. (See Niagara
Falls Reporter, “JURY NULLIFICATION HAS LONG HISTORY OF
RIGHTING WRONG LAWS”, By Frank Parlato (2012),
Few people
understand Jury Nullification, as it is of course not taught in the government
controlled institutions of indoctrination and brainwashing. Grade school teachers, high school teachers,
and even college professors purposely do not explain exactly why the jury
system is so important to our legal system.
They do not explain why the jury system is even written into the Bill of
Rights. They fail to teach the powerful
feature of Jury Nullification. They
neglect to inform jurors that they are not required to follow the judge’s
directions, or even follow the law for that matter.
Because of this
pervasive ignorance, the Fully Informed Jury Association (FIJA; FIJA.org) flyer
complains, “Too often, jurors
actually end up apologizing to the person they’ve convicted – or to the
community for acquitting when the evidence clearly established guilt,” such as in the case if the well known OJ
trial.
Since the
Government illegally controls the so-called Public Education System in this
country they have created a populous of pervasive ignorance among jurors, and this
ignorance is used by our leaders so that they can more easily manipulate and
control us where we really are the most powerful, thus abating the power of
nullification away from us.
We, as American patriotic
gun owners for example, are constantly under siege by a plethora of illegal
attacks. Whether it is self-defense,
stand-your-ground, how many bullets one can carry, what guns are good, what
guns are bad, or any other gun issue; we must expend our energies on a
multitude of fronts. Yes, there will
always be laws created and that are cases brought to court where there is a
need for individuals to say, “No,
Stop!” And, “We the People” must learn that we can say “No”
without question or legal punishment. The
method… is JURY
NULLIFICATION.
THE BOTTOM LINE: I’d
like to leave you with the words of U.S. Chief Justice Harlan F. Stone who
echoed Chief Justice Jay on the Juror’s Duty.
“If a juror feels that the statute involved in
any criminal offence is unfair, or that it infringes upon the defendant’s
natural God-given unalienable or Constitutional rights. Then it is his duty to affirm that the
offending statute is really no law at all and that the violation of it is no
crime at all, for no one is bound to obey an unjust law.” (Emphasis added) ~ (U.S. Chief Justice Harlan F. Stone,
1941-1946)
I hope that will give you just a little ray of hope that in the end “WE THE PEOPLE” still hold all the cards. And then if everything fails we still have the last resort of the Second Amendment, “A well regulated Militia, being necessary to the security of a
Have your rights been infringed lately my friend???
Thanks for listening – de Andréa
Copyright © 2013
by Bottom Line Publishing - Permission to reprint in whole or in part is
gladly granted, provided full credit is given.
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