NetNews Usenet Archive 1992 #27/NN_1992_27.iso/spool/alt/activism/19127

Internet Message Format | 1992-11-24 | 5.1 KB

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From: [e-mail] ()
Subject: Judge's Dirty Little Secret
Sender: [e-mail] (News Server Project)
Message-ID: <[e-mail]>
Date: Tue, 24 Nov 1992 00:16:13 GMT
Distribution: usa
Organization: the Land of the Free
Keywords: Jury Nullification
Lines: 90


A fact that is concealed from us by virtually all judges today is
that we as JURORS can and should always vote as our conscience
dictates, and REFUSE TO ENFORCE ANY LAW THAT WE BELIEVE IS WRONG.
This right and power of the jury is known as "JURY NULLIFICATION" or
"JURY VETO POWER" and is a centuries old legal concept and power of
the people.

From the earliest days of trial by jury, the people have used jury
nullification to strike down unbearable laws and corrupt
governments. When the people consistently refuse to enforce the
"laws" and "regulations" of an authoritarian government, that
government will automatically lose power until eventually "We the
People" are able to regain total control--for We are the government.

John Adams, who became the second U.S. President, in 1771 said of
the juror: "it is not only his 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
court." Quoted in Yale Law Journal, 74 (1964):173.

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."

In the early decades of our nation, many judges were statesmen, who
understood our constitution and lived by the principles of
democracy. They humbly taught that THE JURY IS THE REAL JUDGE and
rightfully passes judgement on the law as well as the defendant in
each and every trial in the land, lest the government servant should
become master of the people. These early judges honorably discharged
their proper role as referee in the courtroom and legal advisor to
the jury. But, by the mid 1800s most judges had fallen into the
habit of "neglecting" to fully inform the jury of its true role and
power. For two or three generations a bitter debate raged in the
judiciary. Finally in 1895 there was a split decision in the U.S.
Supreme Court (Sparf v. U.S.) which stated that although juries had
the power to veto or judge the law, judges need not inform the jury
of their power!

Since then, judges have become ever more aggressive in suppressing
the power and rightful duties of the jury. Their criteria for
personal behavior seems to be not what is just, moral or
constitutional, but what can they get away with.

Today the people are being re-informed of their legal, historical
and constitutional rights, powers and duties as jurors. Sadly, you
must learn the truth outside the courtroom; the judge will not tell
you, but continues to try and conceal the truth. In court most
judges will say essentially: "You must ignore your own conscience"
and "you must take the law as I give it to you." He will force you
to swear an oath of loyalty to him, not to justice. He will
manipulate the jury with instructions to guarantee the verdict he
wants. During the selection process if you display signs of
knowledge, independent thinking or good citizenship the judge, and
the lawyers will be threatened by you and will keep you off the
jury.

Who will deny that America's founders and early judges would have
regarded the present situation in our courts as an outrageous and
despicable sham. But it is a sham so easily toppled! For what was
true at the beginning of our nation is still true. The jury still
has all the power and the judge legitimately has none. The only
power that the judge has over the jury is the ignorance of the jury.

The jury may safely ignore any and all instructions from the judge;
for the judge rightfully gives the jury legal advice not binding
instructions. The jury may safely ignore all oaths they are forced
to swear to take the judges word as law, for such "oaths" are
invalid and highly improper. As a juror, your conscience is supreme,
not the word of any judge.

The jury's power was never taken away; only its knowledge of its
power. As a juror, you are still a very powerful person, but if you
do not have the courage to vote as your conscience dictates, no
matter what, you have surrendered all your power to a lawyer in a
black robe. You will no longer be a juror, but instead will become a
puppet controlled by someone else.

The FULLY INFORMED JURY ASSOCIATION ("FIJA") is active in all 50
states and has legislation pending in 20 states that will force
judges to once again tell the truth to the jury. "FIJA" publishes an
excellent newspaper that describes the details of the legal,
constitutional function of the jury. To receive two different sample
issues, send $2 to: "FIJA"; P.O. Box 59; Helmville, MT 59843; (406)
793-5550.  For more information about the fully informed jury movement,
you may also call [phone].

KRM