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1990-08-29
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PROPOSED JURY RIGHTS AMENDMENTS
1. Requiring that judges instruct criminal trial juries on
their right of nullification of law, or jury veto power (FIJA).
2. Affirming that civil trial jurors retain the traditional
power of jury nullification, and requiring that they be so told
by the court in all civil trials or proceedings in which the
government or any agent of the government is a party to the
trial, and in which the equivalent amount in dispute exceeds the
value of one troy ounce of 24k gold. This necessarily includes
tax cases and eminent domain proceedings. In any civil action,
trial by common law jury is mandatory upon request by either
party, judgment is final, and the verdict must be unanimous.
3. Mandating that in all criminal trials in which the
potential fine exceeds the equivalent value of one troy ounce of
24K gold or in which a jail sentence in excess of 1 (one) day is
possible, a twelve-person jury must be seated if so requested by
the defendant. A verdict of "guilty" must be unanimous, and a
verdict of "not guilty" is final, and may not be appealed.
4. Barring the court from granting Motions in Limine.
5. Requiring jury selection be from a pool consisting of the
entire adult population of the judicial district within which the
crime or civil offense occurred, and randomized via the impartial
public operation of a "keno machine" device, until twelve persons
so selected agree to serve.
Bases for disqualification of a juror are limited to finding
that he or she has any kind of personal stake in the outcome of
the trial. The government and its agents are granted no pre-
emptory challenges, and no challenges based on cause, except as
above.
6. Permitting jurors to consider any evidence they wish,
except evidence obtained illegally (i.e., unconstitutionally) or
under duress, and recognizing the right of the defense to present
to the jury any and all evidence and testimony which might
exonerate the defendant.
7. Recognizing the right of jurors to take notes in the
courtroom, to ask and receive answers to questions during the
trial, and to take reference materials with them into the jury
room, including the U.S. Constitution, the Bill of Rights, and
jury nullification instructions.
8. Acknowledging that petit juries may insist that they be
provided independent counsel in the jury room, at court expense,
to answer jurors' legal questions from a neutral point of view.
9. Ensuring that grand juries are fully informed of their
traditional right to judge the law as well as the facts, thus to
refuse to indict a defendant if the law seems to them to be
unjust, unconstitutional, or misapplied. Grand juries must also
be informed of their right to to dismiss the state's prosecuting
attorney and appoint independent counsel.
A grand jury must convene whenever the number of citizens
petitioning for it reaches (one?) percent of the registered
voters in a given judicial district. Grand juries so convened
may indict any agent of government, or any other individual or
entity.
10. Providing that during the process of jury selection,
jurors may refuse to answer questions which they believe violate
their right to privacy, without prejudice; also providing that
the court respect that privacy throughout the proceedings, as
necessary to protect jurors from intimidation.
________________________________________
This is a Draft Bill, which combines ideas contributed by
people from around the country with some of our own. Come to the
"Bill of Jury Rights Conference" and help ensure that the final
version is as good as it can be!