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AVA Indiana  

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  • Archived Blog Post

    Date / Time:

    Jury Nullification the right of a jury to acquit both in the face of the evidence and the law.

    YOU ARE ABOVE THE LAW!

    As a JUROR in a trial setting, when it comes to your individual vote of innocent or guilty, you truly are answerable only to GOD ALMIGHTY. The First Amendment to the Constitution was born out of this great concept. However, judges of today refuse to inform JURORS of their RIGHTS. The Minneapolis Star and Tribune in a news paper article appearing in its November 30th 1984 edition, entitled: "What judges don't tell the juries" stated:

    "At the time of the adoption of the Constitution, the jury's role as defense against political oppression was unquestioned in American jurisprudence. This nation survived until the 1850's when prosecutions under the Fugitive Slave Act were largely unsuccessful because juries refused to convict."

    "Then judges began to erode the institution of free juries, leading to the absurd compromise that is the current state of the law. While our courts uniformly state juries have the power to return a verdict of not guilty whatever the facts, they routinely tell the jurors the opposite."

    "Further, the courts will not allow the defendants or their counsel to inform the jurors of their true power. A lawyer who made...Hamilton's argument would face professional discipline and charges of contempt of court."

    "By what logic should juries have the power to acquit a defendant but no right to know about the power? The court decisions that have suppressed the notion of jury nullification cannot resove this paradox."

    "More than logic has suffered. As orignally conceived, juries were to be a kind of safety valve, a way to soften the bureaucratic rigidity of the judicial system by introducing the common sense of the community. If they are to funciton effectively as the 'conscience of the community,' jurors must be told that they have the power and the right to say no to a prosecution in order to achieve a greater good. To cut jurors off from this information is to undermine one of our most important institutions."

    "Perhaps the community should educate itself. Then Citizens called for jury duty could teach the judge a needed lesson in civics."

    This information is designed to bring to your attention one important way our nation's founders provided to insure that you, (not the growing army of politicians, judges, lawyers, and bureaucrats, rule this nation. It will focus on the true power you possess as a JUROR, how you got it, why you have it, and remind you of the basis on which you must decide not only the facts placed in evidence but also the validity or application of every law, rule, regulation, ordinance, or instruction given by any man seated as a judge or attorney when you serve as a JUROR.

    One JUROR can stop tyranny with a "NOT GUILTY VOTE!" He can nullify bad law in any case, by "HANGING THE JURY!"

    I am only one, but I am one. I cannot do everything, but I can do something. What I can do, I should do and, with the help of God, I will do!
    Everett Hale

    The only power the judge has over the JURY is their ignorance!

    "WE THE PEOPLE," must relearn a desperately needed lesson in civics.

    The truth of this question has been answered by many testimonies and historical events. Consider the following:

    JURY RIGHTS

    "The jury has a right to judge both the law as well as the fact in controversy."

    John Jay, 1st Chief Justice

    United States supreme Court, 1789

    "The jury has the right to determine both the law and the facts."

    Samuel Chase, U.S. supreme Court Justice,

    1796, Signer of the unanimous Declaration

    "the jury has the power to bring a verdict in the teeth of both law and fact."

    Oliver Wendell Holmes,

    U.S. supreme Court Justice, 1902

    "The law itself is on trial quite as much as the cause which is to be decided."

    Harlan F. Stone, 12th Chief Justice

    U.S. supreme Court, 1941

    "The pages of history shine on instance of the jury's exercise of its prerogative to disregard instructions of the judge..."

    U.S.vs Dougherty, 473 F 2nd 113, 1139, (1972)

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