A JURY's Rights, Powers and Duties:
The Charge to the JURY in the First JURY Trial before the supreme* Court of the U.S. illustrates the TRUE POWER OF THE JURY. In the February term of 1794, the supreme Court conducted a JURY trial and said ". . . it is presumed, that the juries are the best judges of facts; it is, on the other hand, presumed that the courts are the best judges of law. But still both objects are within our power of decision."
"You have a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy."
---(State of Georgia vs. Brailsford, et al, 3 Dall. 1)
"The JURY has an unreviewable and unreversible power . . . to acquit in disregard of the instructions on the law given by the trial judge . . ." (emphasis added)
---U.S. vs. Dougherty, 473 F 2nd 1113, 1139 (1972)
Hence, JURY disregard of the limited and generally conviction-oriented evidence presented for its consideration, and JURY disregard for what the trial judge wants them to believe is the controlling law in particular case (sometimes referred to as "JURY lawlessness")* is not something to be scrupulously avoided, but rather encouraged. Witness the following quotation from the eminent legal authority above-mentioned:
"Jury lawlessness is the greatest corrective of law in its actual administration. The will of the state at large imposed on a reluctant community, the will of
a majority imposed on a vigorous and determined minority, find the same obstacle in the local JURY that formerly confronted kings and ministers." (emphasis added)
---(Dougherty cited above, note 32 at 1130)
*Supreme is not capitalized in the Constitution, however Behavior is in Article III.
*Jury lawlessness means willingness to nullify bad law.
The Right of the JURY to be "Told of It's Power"
Almost every JURY in the land is falsely instructed by the judge when it is told it must accept as the law* that which is given to them by the court, and that the JURY can decide only the facts of the case. This is to destroy the purpose of a Common Law JURY, and to permit the imposition of tyranny upon a People.
* Quite often Jurors are led to believe that legislated statutory legalities are to stand for Common Law in our courts. This is not true. They are simply forcing "Rules of Court" which they have made up and added for their advantage against us.
"There is nothing more terrifying than ignorance in action."
---Goethe (engraved on a plaque at the Naval War College)
"To embarrass justice by a multiplicity of laws, or to hazard it by confidence in judges, are the opposite rocks on which all civil instructions have been wrecked."
----Johnson (engraved in Minnesota State Capitol
Outside the Supreme Court Chambers)
". . . The letter killeth, but the spirit giveth life."
---II Corinthians 3:6
"It is error alone which needs the support of government. Truth can stand by itself."
The JURY'S options are by no means limited to the choices presented to it in the courtroom.
"The jury gets its understanding as to the arrangements in the legal system from more than one voice. There is the formal communication from the 'judge'. There is informal communication from the total culture -- literature; current comment, conversation; and, of course, history and tradition."
---(Dougherty cited above, at 1135)
LAWS, FACTS AND EVIDENCE !
Without the power to decide what facts, law and evidence are applicable, JURIES cannot be a protection to the accused. If people acting in the name of government are permitted by JURORS to dictate any law whatever, they can also unfairly dictate what evidence is admissible or inadmissible and thereby prevent the WHOLE TRUTH from being considered. Thus if government can manipulate and control both the law and the evidence, the issue of fact becomes virtually irrelevant. In reality, true JUSTICE would be denied leaving us with a trial by government and not a trial by JURY!
HOW DOES TYRANNY BEGIN ? WHY ARE THERE SO MANY LAWS ?
Heroes are men of glory who are so honored because of some heroic deed. People often out of gratitude yield allegiance to them. Honor and allegiance are nice words for power! Power and allegiance can only be held rightfully by trust as a result of continued character.
When people acting in the name of government violate ethics, they break trust with "We The People." The natural result is for "We The People" to pull back power (honor and allegiance).
The loss of power creates fear for those losing the power. Fearing loss of power, people acting in the name of government often seek to regain or at least hold their power. Hence, to legitimize their quest for control, laws and force are often instituted.
Unchecked power is the foundation of tyranny. It is the JUROR'S duty to use the JURY ROOM as a vehicle to stem the tide of oppression and tyranny: To prevent bloodshed by peacefully removing power from those who have abused it. The JURY is the primary vehicle for peaceful restoration of LIBERTY, POWER AND HONOR TO "We The People!"
YOUR VOTE COUNTS !
Your vote of NOT GUILTY must be respected by all members of the JURY -- it is the RIGHT and DUTY of a JUROR to Never, Never, Never yield his or her sacred vote -- for you are not there as a fool, merely to agree with the majority, but as an officer of the court and a qualified judge in your own right. Regardless of the pressures or abuse that may be heaped on you by any other members of the JURY with whom you may be in good conscience to disagree, you can await the reading of the verdict secure in the knowledge you have voted your own conscience and convictions -- and not those of someone else.
YOU ARE NOT A RUBBER STAMP !
By what logic do we send our youth to battle tyranny on foreign soil, while we refuse to do so in our courts?
Did you know that many of the planks of the "Communist Manifesto" are now represented by law in the U.S.?
How is it possible for Americans to denounce communism and practice it simultaneously?
The JURY judges the Spirit, Motive and Intent of both law and the Accused, whereas the prosecutor only represents the letter of the law.
Therein lies the opportunity for the accomplishment of "LIBERTY and JUSTICE for ALL". If you, and numerous other JURORS throughout the State and nation begin and continue to bring in verdicts of NOT GUILTY in such cases where man-made statute is defective or oppressive, these statutes will become as ineffective as if they had never been written.
"If we love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen."
Consider the next page carefully . . . Liberty