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.

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 SpoonerTrial By Jury, 1852

"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 ...

From The FIJA Report: History of Jury Nullification

… 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 ?

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.

A Brief History

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.

Why Did Our

Founding Fathers

Expect Citizen Juries

To Judge Our Laws

As Well As The Guilt

Of The Individual ?

Back to our question …

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

Government 4

People 0

As a result … we have been losing the game, and it could end up with a final score of:

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 …

… Makea

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, Rising, or Setting, Sun?Sun?

In 1787 at a Constitutional In 1787 at a Constitutional Convention, Benjamin Franklin was Convention, Benjamin Franklin was waiting to sign a document that waiting to sign a document that would hold the fate and destiny of would hold the fate and destiny of our nation. our nation. As he stood, his eyes As he stood, his eyes fell upon a carving on the back of fell upon a carving on the back of George Washington's chair, a George Washington's chair, a carving of half a sun. He stared carving of half a sun. He stared thoughtfully at it for a minute, then thoughtfully at it for a minute, then proclaimed words that would be proclaimed words that would be remembered forever,remembered forever,

“ “I have often looked at that I have often looked at that picture behind the president without picture behind the president without being able to tell whether it was a being able to tell whether it was a rising or setting sun. Now at length I rising or setting sun. Now at length I have the happiness to know that it have the happiness to know that it is indeed a rising, not a setting is indeed a rising, not a setting sun."sun."

When Benjamin When Benjamin Franklin exited the Franklin exited the Constitutional Constitutional Convention, he was Convention, he was asked by a woman, asked by a woman,

““Sir, what have Sir, what have you given us?”you given us?”

His immediate response was,His immediate response was,

““A Republic Ma’am, if you can A Republic Ma’am, if you can keep it.”keep it.”

If If YouYou Can Keep It Can Keep It

Government, by its very nature, Government, by its very nature, cannot restrain itself.cannot restrain itself.

The Constitution was created to The Constitution was created to restrict incursions and restrict incursions and encroachments on the natural rights encroachments on the natural rights of the people.of the people.

Government … not the people … Government … not the people … is to be bound by the Constitution.is to be bound by the Constitution.

But …But …

… … With Liberty Comes With Liberty Comes Great ResponsibilityGreat Responsibility

The Declaration of Independence Says:The Declaration of Independence Says:

“… “… that to secure these Rights, that to secure these Rights, Governments are instituted among Men, Governments are instituted among Men, deriving their just Powers from the Consent deriving their just Powers from the Consent of the Governed, that whenever any form of of the Governed, that whenever any form of Government becomes destructive of these Government becomes destructive of these Ends, it is the Right of the People to alter or Ends, it is the Right of the People to alter or to abolish it …”to abolish it …”

It is the people’s duty, their It is the people’s duty, their responsibilityresponsibility, to correct the wrong doing of , to correct the wrong doing of their government.their government.

We, The People, Are The We, The People, Are The OnlyOnly Power Able To Power Able To PreventPrevent This From Becoming a Setting Sun. This From Becoming a Setting Sun.

Will Will YouYou Do Your Part? Do Your Part?

These Heroes Are Doing Their These Heroes Are Doing Their PartPart

They Have Done TheirsThey Have Done Theirs

What Will You What Will You Do?Do?

What Can You Do?What Can You Do?

““I am only one, but I am one. I I am only one, but I am one. I cannot do everything, but I can cannot do everything, but I can do something. And because I do something. And because I cannot do everything, I will not cannot do everything, I will not refuse to do the something that I refuse to do the something that I can do. What I can do, I should can do. What I can do, I should do. And what I should do, by the do. And what I should do, by the grace of God, I will do.”grace of God, I will do.”

~ Edward Everett Hale (1822-~ Edward Everett Hale (1822-1909)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’.

RemembeRemember Dorothy r Dorothy and Herand HerRuby Ruby Slippers?Slippers?

… … and the surprised look on her face and the surprised look on her face when she learned she had the power when she learned she had the power to ‘go home’ … all along.to ‘go home’ … all along.

America’s Ruby SlippersAmerica’s Ruby Slippersare The Declaration of Independenceare The Declaration of Independenceand the United States Constitution.and the United States Constitution.

But they will do us NO GOOD if we don’t But they will do us NO GOOD if we don’t get them out of the attic, dust them get them out of the attic, dust them off, put them on, and WALK IN THEM.off, put them on, and WALK IN THEM.

Remember … evenRemember … evenwith with allall thethe powerpowerpossessed by the Wicked possessed by the Wicked Witch …Witch …

… … she still she still diddid notnot have the have the power to remove the power to remove the slippers from Dorothy’s feet.slippers from Dorothy’s feet.

Photo copyright Warner Bros. Entertainment,

Inc.

Grant Yourself Grant Yourself Permission …Permission …

Put the slippers on, Put the slippers on, keepkeep them them on, and prevent ‘our Witch’ on, and prevent ‘our Witch’ from continuing to attemptfrom continuing to attempt

to remove them.to remove them.

In fact, DO NOT In fact, DO NOT letlet the ‘Witch’ the ‘Witch’get near them!get near them!

Grant Yourself Grant Yourself Permission …Permission …

““We are not weak if we make a We are not weak if we make a proper use of those means proper use of those means

which the God of Nature has which the God of Nature has placed in our power... the placed in our power... the

battle, sir, is not to the strong battle, sir, is not to the strong alone it is to the vigilant, the alone it is to the vigilant, the

active, the brave.”active, the brave.”

~ Patrick Henry~ Patrick Henry

Grant Yourself Grant Yourself Permission …Permission …

Join In The Battle To Join In The Battle To Preserve What Our Preserve What Our Founders Gave Us!Founders Gave Us!

Take Action …Take Action …

The argument today is not whether a The argument today is not whether a jury has the right to nullification, but jury has the right to nullification, but

whether or not they should be told about whether or not they should be told about that right.that right.

In today’s judicial environment, don’t In today’s judicial environment, don’t expect a courtroom attorney, or a judge expect a courtroom attorney, or a judge

to instruct you on this right. In fact, if to instruct you on this right. In fact, if they know you are a ‘fully informed they know you are a ‘fully informed

juror’, you may not get seated.juror’, you may not get seated.Stealth is the name of the game today. Stealth is the name of the game today.

Know your rights and ‘quietly’ use them Know your rights and ‘quietly’ use them in the deliberation room.in the deliberation room.

Take Action …Take Action …

““An idea not coupled with action An idea not coupled with action will never get any bigger than the will never get any bigger than the

brain cell it occupied.” brain cell it occupied.”

~ Arnold H. Glasow~ Arnold H. Glasow

Take Action …Take Action …

““One of the penalties for refusing One of the penalties for refusing to participate in politics is that to participate in politics is that you end up being governed by you end up being governed by

your inferiors.” your inferiors.”

~ Plato~ Plato

Take Action …Take Action …

““Politics is too serious a matter to Politics is too serious a matter to be left to the politicians.” be left to the politicians.”

~ Charles de Gaulle~ Charles de Gaulle

Take Action …Take Action …

““The most important political office The most important political office is that of the private citizen.” is that of the private citizen.”

~ Louis D. Brandeis~ 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 And it is no less true, that personal security and private property rest entirely upon the wisdom, the stability, and the property rest entirely upon the wisdom, the stability, and the integrity of the courts of justice.” ~ Joseph Story, integrity of the courts of justice.” ~ Joseph Story, Commentaries on the Constitution, 1833Commentaries on the Constitution, 1833

We, The People We, The People ……

Source Information:

Fully Informed Jury AssociationPO Box 5570Helena, MT 59604www.fija.org

University of Missouri – Kansas City School of Lawwww.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