Are you aware of the power of being a juror? Jury Nullification - TopicsExpress



          

Are you aware of the power of being a juror? Jury Nullification is we (the victims of government tyranny) only voice and means to reverse those laws enacted by illegal agencies and carried out by court systems who do not explain and cover-up the power the jury holds over distributing and the interpretation of the law concerning the accused victim of those unjust laws. Below are details of this system. In American legal theory, jury-power was enormous, and subject to few controls. There was a maxim of law that the jury was judge both of law and of fact in criminal cases. This idea was particularly strong in the first Revolutionary generation when memories of royal justice were fresh. Jury nullification is therefore one of the “rights . . . retained by the people” in the Ninth Amendment. And it is one of the “powers . . . reserved . . . to the people” in the Tenth Amendment. Jury nullification is decentralization of political power. It is the people’s most important veto in our constitutional system. The jury vote is the only time the people ever vote on the application of a real law in real life. All other votes are for hypotheticals. If you are called for Jury Duty Dont worry! Be happy! Look at jury service as an opportunity to do good for yourself and others. Its your chance to help the justice system deliver justice, which is absolutely essential to a free society. Also, you can do more political good as a juror than in practically any other way as a citizen: your vote on the verdict is also a measure of public opinion on the law itself--an opinion which our lawmakers are likely to take seriously. Short of being elected to office yourself, you may never otherwise have a more powerful impact on the rules we live by than you will as a trial juror. However, unless you are fully informed of your powers as a juror, you may be manipulated by the less powerful players in the courtroom into delivering the verdict they want, instead of what justice would require. That is why this was written--to give you information that youre not likely to receive from the attorneys, or even from the judge. Justice may depend upon your being chosen to serve, so here are some words to the wise about how to make it through voir dire, the jury selection process: You may feel that answering some of the questions asked of you would compromise your right to privacy. If you refuse to answer them, it will probably cost you your chance to serve. Likewise, if you talk too much--especially if you admit to knowing your rights and powers as a juror, as explained below, or that you have qualms about the law itself in the case at hand, or reveal that youre bright, educated, or are interested in serving! So, from voir dire to verdict, let your conscience be your guide. Nothing in the U.S. Constitution or in any Supreme Court decision requires jurors to take an oath to follow the law as the judge explains it or, for that matter, authorizes the judge to instruct the jury at all. Judges provide their interpretation of the law, but you may also do your own thinking. Keep in mind that no jurors oath is enforceable, and that you may regard all instructions as advice. Understanding the full context in which an illegal act was committed is essential to deciding whether the defendant acted rightly or wrongly. Strict application of the law may produce a guilty verdict, but what about justice? If the jurors agree that, beyond a reasonable doubt, the accused did act as charged, then context becomes everything in reaching a verdict you can live with. Credit or blame for the verdict will go to you, so be sure to ask the judge how you can pose questions to witnesses, so that you can learn the complete context, should the lawyers fail to bring it out. When they believe justice requires it, jurors can refuse to apply the law. Jurors have the power to consider whether the law itself is wrong (including whether it is unconstitutional), or is being applied for political reasons. Is the defendant being singled out as an example in order to demonstrate government muscle? Were the defendants constitutional rights violated during the arrest? Much of todays crime wave consists of victimless crimes--crimes against the state, or political crimes, so if you feel that a verdict of guilty would give the government too much power, or help keep a bad law alive, just remember that you can refuse to apply any law that violates your conscience. Prosecutors often multiply charges so the jury will assume the defendant must be guilty of something. But one of the great mistakes a jury can make is to betray both truth and conscience by compromising. If you believe the defendant is not guilty of anything, then vote not guilty on all counts. You cant be punished for voting according to your conscience. Judges (and other jurors) often pressure hold-out jurors into abandoning their true feelings and voting with the majority ...to avoid the expense of a hung jury and mistrial. But you dont have to give in. Why? Because... Hung juries are OKAY. If voting your conscience should lead to a hung jury, not to worry, youre doing the responsible thing. There is no requirement that you must reach a verdict. And the jury you hang may be significant as one of a series of hung juries sending messages to the legislature that the law youre working with has problems, and its time for a change. If you want to reach consensus, however, one possible way is to remind your fellow jurors that... Jurors have the power to reduce charges against the defendant, provided that lesser included offenses exist in law (ask the judge to list and explain them, and the range of potential punishments that go with each). Finding guilt at a lower level than charged can be appropriate in cases where the defendant has indeed victimized someone, but not so seriously as the original charges would indicate. And, if it will be up to the judge to decide the sentence, its within the power of the jury to find the defendant guilty of a reduced charge which will, at most, entail the amount of punishment it thinks is appropriate. The Jury Power Page hopes the above information helps you to find a verdict that you believe is conscientious and just, a verdict which you can therefore be proud to discuss with friends, family, legal professionals, the community or the media, should any of them want to know what happened, how, and why.
Posted on: Tue, 20 Jan 2015 23:40:46 +0000

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