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1994-12-02
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Your Rights as a Juror
So, you thought you would help the cause by going out registering to vote
and on election day. You've been patting yourself on the back ever since,
until the day you got called up for jury duty. Now you're asking yourself
why in the world did you do it, nobody wants to serve juror duty, right?
I mean you may actually have to send someone to jail or something worse,
and regardless of the charges you'll be aiding and abetting our unfair
justice system. Right?
Wrong! This may be the best opportunity you'll ever get to directly make
a difference. Jurors not only have the duty to decide guilt or innocence
but also the equity, or inequity, of the law for which the defendant is
accused. This means you have the right to acquit a defendant based upon
your ideas of right and wrong, fairness, and your own conscience. If you
feel that the laws against marijuana possession are unjust and unfair you
are summoned for jury duty to determine the fate of someone accused of
possession than it is your RIGHT to vote for acquittal, regardless of the
judges instructions.
The very first jury trial before the U.S. Supreme Court Chief Justice John
Jay instructed the jury this way:
"It is presumed, that juries are the best judges of facts; it is on
the other hand, presumed that courts are the best judges of law. But
still both objects are within your power of decision." "...you have
a right to take it upon yourselves to judge of both and to determine
the law as well as the fact in controversy".
State of Georgia vs. Brailsford (3 Dall 1)
This right was first put to the test as early as 1734 and has been upheld
by a Federal Appeals Court as recently as 1972:
"... unreviewable and unreversible power.. to acquit in disregard of
the instructions on the law given by the trial judge..."
(US vs Dougherty, 473 F 2d 1113, 1139 (1972))
Another case in 1969 states the following:
We recognize, as appellants urge the undisputed power of the jury to
acquit, even if it's verdict is contrary to the law as given by the
judge, and contrary to the evidence. This is a power that must exist
as long as we adhere to the general verdit in criminal cases for the
courts cannot search the minds of the jurors to find the basis upon
which they judge.
If the jury feels that the laws under which the defendant is accused
are unjust, or that exigent circumstances justified their logic of
passion, the jury has the power to acquit, and the courts must abide
by that decision"
(US vs Moylan, 4177 F2d 1002, 1006 (1969))
Because a jurys guilty verdict must be unanimous it takes only one vote to
effectively nullify an unjust law. Regardless of legislative intent or a
judges instructions to the jury YOU, not the court, will make the decision
to acquit. Though you may only be causing a "hang" jury, and it won't be a
true acquital at least the defendant will NOT be convicted of violating an
unjust or unconstitutional law. Very often defendants are not retried by
the government due to the high cost involved an you will be sending a very
real and powerful message.
The government will not be able to deprive this person of their "Liberty"
without YOUR consent! If you feel the statute is unfair, unconstitutional
or infringes on the defendants God-given rights it is not only your right
to vote for acquittal but your DUTY. Do not be intimidated by the other
jurors but at the same time respect the fact that they also may in good
conscience disagree with your view point. Explain to them that it is your
right to vote either way you wish and that you are doing so because you
truly believe that this law is unjust. Do not try to come across as some
radical heller bent on total anarchy. Take your responsibility seriously
there may be a chance that you can sway some of the other jurors to vote
for an acquittal as well. Remember to only use this power to help overturn
unjust law not to rebel against the government. It will do no one any good
if you "hang" the jury of someone accused of murder where there was ample
evidence to convict. Murder is obviously a crime where laws are required
and stiff sentences are usually warranted. The Grassroots Party does NOT
advocate anarchy we believe in the Constitution and the Bill of Rights and
so should you. We need to be even more patriotic than the average citizen
and take pride in our form of government.If we work together we can return
government to the way it was meant to be. Serve proudly when called for
jury duty and vote to overturn unjust laws DON'T GIVE IN TO PRESSURE. NUL-
LIFY UNJUST DRUG LAWS!
Some of you may have served on jury duty and dont remember being told that
you can judge both the law and the facts. Well the truth is they dont have
to tell you. In fact what they tell you may sound like just the opposite.
The courts have ruled that jurors have the right to decide law but they do
not have to be told they have that right.This was found to be legal as far
back as 1895 and as recent as 1972 in the Dougherty decision mentioned
above.
The fact that there is widespread existence of the jurys prerogative
and approval of its existence as a necessary counter to casehardened
judges and arbitrary prosecutors does not establish as an imperative
that the jury must be informed by the judge of that power."
In the case of Sparf vs. US (156 US 51) the court ruled that though juries
have the right to ignore a judges instructions on the law, they don't have
to be made aware that they have that right. It's everyone's responsibility
to know their rights! Unfortunately very few people know or understand the
right they have to nullify oppressive and/or unconstitutional laws enacted
by their legislature.
Here are the instructions typically given by a judge:
"It becomes my duty as judge to instruct you concerning the law ap-
pli cable to this case, and it is your duty as jurors to follow the
law as I shall state it to you... You are to be governed solely by
the evidence introduced in this trial and the law as stated to you
by me"
Remember it is your right as affirmed by the Supreme Court and many lesser
federal courts, to bring in a verdict according to conscience and to judge
whether the law itself is unjust or unfairly applied. So the next time you
are summoned for jury duty remember if you manage to talk your way out of
serving it could be some right wing, Pat Buchanan loving bigot that serves
in your place. Will you be able to sleep at night knowing that you let a
person who's only crime was growing a marijuana plant go to jail?
For more information contact: Or:
The Grassroots Party FIJA (Fully Informed Jury Association)
P.O. Box 8011 P.O. Box 59
St. Paul, MN 55108 Helmville, Montana 59843
If you need additional copies contact the Grassroots Party by writing to
the above address or call 612/773-9683 and leaving a message.
Remember to give a copy of this article to anyone you know that is called
up for jury duty! Everyone MUST know their rights if we are going to over-
turn unjust laws.
Minnesota Grassroots Party Information Line
612/773-9683
Mail Box Prerecorded Message Mail Box Prerecorded Message
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"Penalties against possession of a drug should not be more
damaging to an individual than the use of the drug itself"
--- President Jimmy Carter