Transcript Jury Nullification What Is Jury Nullification? “It is not only the right and duty of juries to judge what are the facts, what.

Jury Nullification
What Is Jury Nullification?
“It is not only the right and duty
of juries to judge what are the
facts, what is the law, and what
was the moral intent of the
accused; but that it is also their
right, and their primary and
paramount duty, to judge of the
justice of the law, and hold all
laws invalid, that are, in their
opinion, unjust or oppressive,
and all persons guiltless in
violating, or resisting the
execution of, such laws.”
~ Lysander Spooner
Trial By Jury, 1852
From The FIJA Report:
History of Jury Nullification
"Jury nullification of law",
as it is sometimes called,
is a traditional American
right defended by the
Founding Fathers. Those
Patriots intended the jury
serve as one of the tests a
law must pass before it
assumes enough popular
authority to be enforced ...
… thus the Constitution provides five
separate tribunals with veto power -representatives, senate, executive, judges
and jury -- that each enactment of law must
pass before it gains the authority to punish
those who choose to violate it.
Let’s see what some of our Founders
had to say about the purpose, and
power, of the jury.
"I consider trial
by jury as the
only anchor yet
imagined by
man, by which a
government can
be held to the
principles of its
constitution."
~ Thomas Jefferson
A government …
held to the principles
of its constitution.
Held?
By Who? (people),
or What? (of the jury)
"It is not only his right
[the juror's], but his
duty ... to find the
verdict according to
his own best
understanding,
judgment, and
conscience even
though in direct
opposition to the
direction of the court."
~ John Adams, 2nd President
… even though in
direct opposition to
the direction of the
court [judge].
“We recognize, as appellants urge, the
undisputed power of the jury to acquit, even
if its verdict is contrary to the law as given
by the judge and contrary to the evidence ...
If the jury feels that the law under which the
defendant is accused is unjust, or that
exigent circumstances justified the actions
of the accused, or for any reason which
appeals to their logic or passion, the jury
has the power to acquit, and the courts
must abide by that decision.”
~ U.S. v. Moylan, 417 F.2d 1002, 1006
(4th Circuit Court of Appeals, 1969):
"You [the jurors]
have, nevertheless,
a right to take upon
yourselves to judge
of both, and to
determine the law
as well as the fact in
controversy."
~ John Jay, 1st Chief Justice
of the Supreme Court
"That in criminal
cases, the law and
fact being always
blended, the jury, for
reasons of a political
and peculiar nature,
for the security of life
and liberty, is
entrusted with the
power of deciding
both law and fact."
~ Alexander Hamilton, 1st
Secretary of the Treasury
… the jury … is
entrusted with
the power of
deciding both
law and fact.
The Jury (of the people)…
has final say on both matters.
Why Did Our
Founding Fathers
Expect Citizen
Juries To Judge
Our Laws As Well
As The Guilt Of
The Individual ?
A Brief History
In the years before our
country’s birth on July 4,
1776, England had passed
the Navigation Acts. These
‘laws’ required that all trade
with the colonies had to be
routed through England so
that England could collect
duties.
Smugglers defied the Acts
and brought tax-free goods
to the colonies.
England, having no part of
this, captured the
smugglers, and they were
tried before colonial juries.
But, the jurors
acquitted the
smugglers, and thus,
colonial juries nullified
the Navigation Acts
(bad law).
Not to be outdone,
the King of England
abolished trial by
jury for smuggling
cases, and
established special
courts to hear the
smuggling cases
without juries.
The colonists were
so incensed at
having their right to
trial by jury, and their
right to jury
nullification, taken
away from them that
they listed this as
one of the reasons in
the Declaration of
Independence for
separation from
England.
The American
Revolution was
fought, in part, to
preserve the right
of jury
nullification.
Back to our question …
Why Did Our
Founding Fathers
Expect Citizen Juries
To Judge Our Laws
As Well As The Guilt
Of The Individual ?
Because:
“If a juror accepts as the law
that which the judge states,
then that juror has accepted
the exercise of absolute
authority of a government
employee, and has
surrendered a power and
right that once was the
citizen's safeguard of liberty.”
(1788) (2 Elliots Debates, 94, Bancroft, History
of the Constitution, 267)
Uninformed Juror
“Yes your Honor …”
“Yes your Honor …”
Unfortunately, for our
country …
We The People, find
ourselves in this
position because we
have been ‘lied to’.
We have not been
properly educated on
this valuable tool that
serves as a ‘check and
balance’ in our
republican form of
government.
With one piece of the puzzle missing,
(the citizens’ veto) …
we have an incomplete picture of the Founders’
intent regarding our understanding of our ‘place’
in the functioning of our republic.
Result?
Tyranny will progress …
virtually unhindered
Remember the Hierarchy!
God
Man
Constitution
Legislative
Executive
Judicial
We have not been going in the right
direction … for a long time.
Gradually losing (through not using) our
veto power.
What Went Wrong?
Two major factors have
contributed to create the
state of ‘ignorance’ we find
ourselves in today.
1) The gradual ‘dumbing down’ of the American
public through the misuse of our ‘public’
education system.
2) The natural inclination of a government to
migrate toward oppression and excessive
control of its citizenry.
What Went Wrong?
One key element of
this transition is the
tyrannical ‘trend’ of
Judges to not let the
jurors know of their
right, and
responsibility, to
JUDGE THE LAW!
Representatives Government
Senate Government
Executive Government
Judges Government
Jury People
As a result … we
have been losing
the game, and it
could end up with
a final score of:
Government
4
People
0
But … as to the
repeal of unjust or
unpopular laws,
legislators seldom
go back and
correct their
mistakes without
some prompting.
While it is within the proper role of the
legislature to pass laws, it is within the proper
role of the jury to veto laws which the jury
finds to be oppressive.
What is
our
solution?
Decide to stop
right here, and
quit playing the
part of a ‘pawn’
of the current
style judiciary
system, now in
place across
America …
… Make
a
U-turn
… and educate
ourselves about
our duty as a trial
juror, and find
our way back to
performing these
duties as
intended.
Understand that our Declaration of
Independence lists … as one of our
Founders’ reasons to reject British rule …
the right to retain jury trials and jury
nullification.
And, our Constitution’s 6th, 7th, and 9th
Amendments guarantee our right to jury
trial and jury nullification.
Jury nullification
remains the law of the
land in every American
jurisdiction. The ruling
of Chief Justice
Vaughan in Bushell's
Case (1670), that the
jury can not be
punished for its verdict
stands today in every
jurisdiction, state and
federal.
This, coupled with the
rule that verdicts of
acquittal are final, is the
substance of the power
of jury nullification.
Unless either or both of
these two pillars of
freedom are eroded
away, the power of jury
nullification is, and will
always be, the law of
the land.
If the original intent of
the Founders is our
guide to the
Constitution, then there
is no doubt that jury
nullification is a
Constitutional right of
both the defendant and
of the jurors themselves;
an unalienable part of
the jurors' identity as
sovereign citizens with
the power to judge laws.
Rising, or Setting, Sun?
In 1787 at a Constitutional
Convention, Benjamin Franklin was
waiting to sign a document that would
hold the fate and destiny of our nation.
As he stood, his eyes fell upon a
carving on the back of George
Washington's chair, a carving of half a
sun. He stared thoughtfully at it for a
minute, then proclaimed words that
would be remembered forever,
“I have often looked at that picture
behind the president without being able
to tell whether it was a rising or setting
sun. Now at length I have the happiness
to know that it is indeed a rising, not a
setting sun."
When Benjamin
Franklin exited the
Constitutional
Convention, he was
asked by a woman,
“Sir, what have you
given us?”
His immediate response was,
“A Republic Ma’am, if you can keep it.”
If You Can Keep It
Government, by its very nature,
cannot restrain itself.
The Constitution was created to
restrict incursions and encroachments
on the natural rights of the people.
Government … not the people … is
to be bound by the Constitution.
But …
… With Liberty Comes Great
Responsibility
The Declaration of Independence Says:
“… that to secure these Rights, Governments
are instituted among Men, deriving their just
Powers from the Consent of the Governed, that
whenever any form of Government becomes
destructive of these Ends, it is the Right of the
People to alter or to abolish it …”
It is the people’s duty, their responsibility, to
correct the wrong doing of their government.
We, The People, Are The Only Power Able To
Prevent This From Becoming a Setting Sun.
Will You Do Your Part?
These Heroes Are Doing Their Part
They Have Done Theirs
What Will You Do?
What Can You Do?
“I am only one, but I am one. I cannot
do everything, but I can do
something. And because I cannot do
everything, I will not refuse to do the
something that I can do. What I can
do, I should do. And what I should do,
by the grace of God, I will do.”
~ Edward Everett Hale (1822-1909)
A Suggestion
• Read, Study, and Research all you can about the
founding of this great nation. Especially, The
Declaration of Independence, The Constitution,
the Founders, and their Intent.
• You will find that the Declaration and the
Constitution will serve as our ‘Ruby Slippers’.
Remember
Dorothy
and Her
Ruby
Slippers?
… and the surprised look on her face
when she learned she had the power
to ‘go home’ … all along.
America’s Ruby Slippers
are The Declaration of Independence
and the United States Constitution.
But they will do us NO GOOD if we don’t get
them out of the attic, dust them off, put
them on, and WALK IN THEM.
Remember … even
with all the power
possessed by the Wicked Witch …
… she still did not have the power
to remove the slippers from
Dorothy’s feet.
Photo copyright Warner
Bros. Entertainment, Inc.
Grant Yourself Permission …
Put the slippers on, keep them on,
and prevent ‘our Witch’ from
continuing to attempt
to remove them.
In fact, DO NOT let the ‘Witch’
get near them!
Grant Yourself Permission …
“We are not weak if we make a
proper use of those means which
the God of Nature has placed in our
power... the battle, sir, is not to the
strong alone it is to the vigilant, the
active, the brave.”
~ Patrick Henry
Grant Yourself Permission …
Join In The Battle To
Preserve What Our
Founders Gave Us!
Take Action …
The argument today is not whether a jury
has the right to nullification, but whether
or not they should be told about that right.
In today’s judicial environment, don’t expect
a courtroom attorney, or a judge to
instruct you on this right. In fact, if they
know you are a ‘fully informed juror’, you
may not get seated.
Stealth is the name of the game today. Know
your rights and ‘quietly’ use them in the
deliberation room.
Take Action …
“An idea not coupled with action will
never get any bigger than the brain
cell it occupied.”
~ Arnold H. Glasow
Take Action …
“One of the penalties for refusing to
participate in politics is that you end
up being governed by your inferiors.”
~ Plato
Take Action …
“Politics is too serious a matter to be
left to the politicians.”
~ Charles de Gaulle
Take Action …
“The most important political office is
that of the private citizen.”
~ Louis D. Brandeis
“It does not require
a majority to
prevail, but rather
an irate, tireless
minority keen to set
brush fires in
people's minds.”
~ Samuel Adams
Learn All You Can
&
Pass It On
Because …
“If Virtue &
Knowledge are
diffused among
the People, they
will never be
enslaved. This
will be their
great Security.”
~ Samuel Adams
“And it is no less true, that personal security and private property rest
entirely upon the wisdom, the stability, and the integrity of the courts
of justice.” ~ Joseph Story, Commentaries on the Constitution, 1833
We, The People …
Source Information:
Fully Informed Jury Association
PO Box 5570
Helena, MT 59604
www.fija.org
University of Missouri – Kansas City School of Law
www.law.umkc.edu/faculty/projects/ftrials/zenger/nullification.html
www.constitution.org/jury/pj/pj-us.htm
www.lysanderspooner.org
Book:
Jury Nullification, The Evolution of a Doctrine by Clay S. Conrad
Article:
Jury Nullification: Empowering The Jury As The Fourth
Branch Of Government by Justice William Goodloe