August 23, 2013
New York --(Ammoland.com)- With Jury Rights Day just
around the corner on September 5, it is a good time to reflect upon a Jury’s
Duty.
Our Founding Fathers, in all their wisdom, gave us a
Constitution with layers of safeguards, so that if we erred, we could correct
the error, peaceably – without a shot being fired.
One of these very important layers is Jury Nullification. John Adams and Thomas
Jefferson were very strong advocates of Jury Nullification.
They stated:
“It is not only [the juror's] right, but his duty…to find the
verdict according to his own best understanding, judgment, and conscience,
though in direct opposition to the direction of the court.” (John Adams,
America’s second President; 1771)
“It would be an absurdity for jurors to be required to accept
the judge’s view of the law, against their own opinion, judgment, and
conscience.” (John Adams)
“I consider trial by jury as the only anchor yet devised by man,
by which a government can be held to the principles of its constitution.”
(Thomas Jefferson, in a letter to Thomas Paine; 1789)
“The juries [are] our judges of all fact, and of law when they
choose it.” (Thomas Jefferson to Samuel Kercheval; 1816. ME 15:35)
Even the First Chief Justice of the U.S. John Jay, in 1789,
chimed in on this issue with, “The jury has the right to judge both the law as
well as the fact in controversy.”
Lastly, and most succinctly, Alexander Hamilton, in 1804, said
that, “Jurors should acquit, even against the judge’s instruction… if
exercising their judgment with discretion and honesty, they have a clear
conviction the charge of the court is wrong.”
Simply stated, from the time of the signing of the Magna Carta
by King John in 1215, and right up to the present, We the People, when in the
role as juror, wield immense power over a case’s facts and the laws that are in
question. The power of the Juror is greater than that of the courtroom judge,
the legislators who wrote the law, or even that of the President of the United
States. The axe the Jury wields is NULLIFICATION, and the Jurors do not have to
obey the courtroom judge. You can not be intimidated by the courtroom, the
judge, or the venue.
If punishments are too harsh, if the laws are flawed, or if a
government is running rampant over the populace, the juror’s power to nullify
can easily stand in peaceful opposition. Jury nullification has protected our
freedom of speech and even helped to overturned prohibition.
(See Niagara Falls Reporter, “JURY NULLIFICATION HAS LONG
HISTORY OF RIGHTING WRONG LAWS”, By Frank Parlato (2012), http://goo.gl/fk8BXB )
Few people understand Jury Nullification, as it is not taught in
school. Grade school teachers, high school teachers, and even college
professors neglect to explain exactly why the jury system is so important to
our legal system. They neglect to explain why the jury system is even written
into the Bill of Rights. They neglect to talk about the powerful feature of
Jury Nullification. They neglect to inform jurors that they are not required to
follow the judge’s directions, or even follow the law.
Because of this pervasive ignorance, the Fully Informed Jury
Association (FIJA; FIJA.org) flyer
complains, “Too often, jurors
actually end up apologizing to the person they’ve convicted – or to the
community for acquitting when the evidence clearly established guilt.”
On the other side of the coin, the pervasive ignorance, of the
jurors, is used by our leaders so that they can more easily manipulate and
control us where we are most powerful, thus abating the power of nullification
from us.
We, as gun owners, are constantly under siege by a plethora of
legal attacks. Whether it be self-defense, stand-your-ground, how many bullets
can you carry, what guns are good, what guns are bad, or any other gun issue,
we must expend our energies on a multitude of fronts. Yes, there will always be
laws created and that are cases brought to court where there is a need for
individuals to say, “No, Stop!” And,
We the People must learn that we can say “No”
without question or punishment. The method…JURY NULLIFICATION.
On closing, I’d like to leave you with the words of U.S. Chief
Justice Harlan F. Stone on the Juror’s Duty:
“If a juror feels that the statute involved in any criminal
offence is unfair, or that it infringes upon the defendant’s natural God-given
unalienable or Constitutional rights, then it is his duty to affirm that the
offending statute is really no law at all and that the violation of it is no
crime at all, for no one is bound to obey an unjust law.” (Emphasis add)
~ (U.S. Chief Justice Harlan F. Stone, 1941-1946)
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