During the first third of the nineteenth century, ... judges frequently charged juries that they were the judges of law as well as the fact and were not bound by the judge's instructions. A charge that the jury had the right to consider the law had a corollary at the level of trial procedure: counsel had the right to argue the law — its interpretation and its validity — to the jury.
— Note (anon.), The Changing Role of the Jury in the Nineteenth Century, Yale Law Journal 74, 174,(1964)
12/11/2013 - In retrial, jury acquits former police officer in deadly post-Katrina shooting in New Orleans [...]
11/14/2013 - The New Hampshire Supreme Court Wednesday heard arguments in the appeal of CopBlock founder Adam Mueller's felony wiretapping conviction. [...]
Red Beckman explains the government structure of the Constitutional Republic (Part 1 of 12)
July 26, 2011 (Orlando Weekly) — Mark Schmidter, the 64 year-old libertarian activist, was sentenced today to 151 days in jail on charges of indirect criminal contempt for purposefully violating two administrative orders passed by Ninth Judicial Circuit Court Chief Judge Belvin Perry this year [....]
June 7, 2013 (The Liberty Crier) - Mark Schmidter is a free man after spending 104 days in the Orange County Jail. Schmidter has a message for Judge Perry —
I'll see you at your deposition that I'm holding on you, because I filed a federal lawsuit against the State of Florida, and also Judge Belvin Perry, and we have a deposition on him at the end of July.
This article explains how you can help eradicate gun control laws; not
fight gun control; not merely slow it down; not just keep the rights we still have, but eradicate all gun control laws that are not supported by an overwhelming majority of the people.
The Constitution guarantees our rights to keep and bear arms, not just for hunting and target shooting, but ultimately so that the people will always have the means to stop criminal activity including attacks upon our freedom by our own government.
Let your gun be your constant companion on your walks. This gives exercise to the body and independence to the mind. No free man shall ever be de-barred the use of arms.— Thomas Jefferson
If the question relates to any point of public liberty, or if it be one of those in which judges may be suspected of bias, the jury undertakes to decide both law and fact.— Thomas Jefferson
Throughout history, corrupt and abusive governments have always feared the people and sought to disarm them so that the people could not defend their liberty. Many people realize that this is what our government is attempting. The Gun Control Act of 1968 was modeled on the Nazi gun laws of 1938. The admitted goal of the anti-gun forces is to take all modern guns away from everyone, as soon as possible,
for our own good.
The NRA and other gun rights organizations have spent $millions trying to defend and preserve our gun rights. However, trying to stop the passage of somebody else's anti-gun legislation is by definition being on the defensive. It is also letting someone else set the agenda; it is having no goals but to hang on to what you've got. As any smart kid who plays team sports knows, if you only stay on defense, you can never win, you merely postpone your eventual and total defeat. Are we not doomed to eventually lose all of our guns, and then our freedom, unless we can find a way to get on the offensive restoring gun rights and restoring freedom in general?
Jury nullification or
jury veto power is the right and power of a jury to refuse to enforce any law they feel is tyrannical, abusive or foolish. For 800 years (since Magna Carta) jury nullifications have been the most powerful and available means for the people to eliminate bad laws. And freedom stealing gun laws cry out for jury nullification.
John Jay, the first Chief Justice of the U. S. Supreme Court stated in 1789:
The jury has the right to judge both the law as well as the fact in controversy.
Samuel Chase, U. S. Supreme Court Justice and signer of the Declaration of Independence, said in 1796:
The jury has the right to determine both the law and the facts.
U. S. Supreme Court Justice Oliver Wendell Holmes said in 1902:
The jury has the power to bring a verdict in the teeth of both law and fact.
Harlan F. Stone, the 12th Chief Justice of the U. S. Supreme Court, stated in 1941:
The law itself is on trial quite as much as the cause which is to be decided.
More quotes are available at: http://americanjurypower.org/home/quotes.php and at http://puna.net.nz/archives/Social/Jury%20Nullification.html. Also read this History of Jury Nullification
In order to better understand how jury veto power (nullification) works, let us assume a person is arrested and prosecuted for possession of an illegal, unregistered or concealed firearm. Also, assume that this person did not harm or threaten anyone with the gun, but peacefully possessed it as his private property. Now assume that the defendant pleads not guilty, but later admits in open court that he broke the
law. Alternately, if the defendant denies he broke the law the jury comes to believe that he did. If the jury also believes that the law itself is foolish or a threat to freedom, they have the absolute right, power and duty to vote
not guilty. If the jury votes unanimously
not guilty on all charges, the defendant will walk out of the courtroom a free man, no matter how angry the feds, the prosecutor and the judge may be about the verdict.
Such an event is known as a jury veto or jury nullification of the law itself. Repeated jury nullifications of a particular law, over time will eradicate a law. The government will get the message that the people will not live under a hated law; do not support it and will not enforce it. Any further arrests and prosecutions by government employees will be bad for said government employees' careers and emotional well-being. Jury nullifications signal all other citizens that a certain law or class of laws cannot be successfully enforced and they too can ignore it with increasing impunity.
This is what happened to
Prohibition (of liquor) laws in the 1920's, to the Fugitive Slave Laws in the 1850's and to the anti labor and anti strike laws of the 1880's and 1890's. History records that the American colonies received Freedom of the Press and of Speech with a single jury nullification in 1735 (J.P. Zenger trial) and England received Freedom of Religion and Freedom of Assembly with the William Penn (Quaker) trial of 1670.
If only one juror has the courage to do the right thing, that one person can
hang the jury and stop a conviction. A hung jury forces a new trial or alternately sometimes the prosecution may drop the charges if they calculate they cannot obtain a conviction at a future trial.
The power of the jury to veto bad laws is inherent within trial by jury. Until the early to mid 1800's many judges told the jurors the truth about their right to judge the law itself. In the 1850's, in order to try to enforce the hated Fugitive Slave Laws and later in the 1880's and 1890's, in order to try to enforce the also unpopular anti-labor and anti-strike laws, judges increasingly lied to jurors, manipulated and tricked jurors into enforcing laws that violated the juror's conscience. In 1894, in a bitter split decision (Sparf), the U.S. Supreme Court gave all judges the green light to hide jury nullification from jurors. Since then judges have grown increasingly bold in lying to jurors, manipulating and tricking jurors into enforcing
laws that should not exist. Yes, this is jury tampering, but judges get away with it because they control the legal system. However, actually judges are merely the jury's servant and advisor. When judges trick the jury into doing what they want, they are stealing the jury's power.
Judges love their usurped power today and want to keep it. They also want to hide the fact that they are liars and jury tamperers. Because of the successes of the jury education movement, judges have grown increasingly aggressive in finding and eliminating from jury duty any citizen who understands jury nullification. This is another crime called
jury stacking. Judges are skilled at bluffing, tricking and intimidating jurors into violating their own conscience and common sense. This is more than a crime; it is a sin and judges deserve the contempt of everyone for doing this.
If you do not understand how to use your power and how to defeat the judge, you may become another victim of
jury stacking. Or, you may be pressured and tricked into delivering a verdict you will regret for the rest of your life.
In addition to focusing on the problem of judicial lying, let's also look at the solutions. One solution to the judge's tactics is for you to help tell a critical mass of the jury pool about jury nullification. Then judges are checkmated in their
game. You can be a powerful force in the jury revolution, even if you never get on a jury of any kind. Another very effective solution is to publicly expose and shame lying judges in the eyes of their personal friends and family. It is right and moral to do this. Judges are trapped in moral crimes and they need a
moral intervention by the entire community; especially by all their friends and family who hold emotional leverage over them.
Judges can never overturn a verdict of
not guilty in a criminal trial; they cannot punish jurors for their verdict; cannot prevent sufficiently educated jurors from ignoring all bluffs, tricks and fraudulent oaths to obey the judge, etc. Jury nullification is not
dead as some chronically cynical or depressed people insist on repeating. The jury still has all its power; you just have to have to be an educated juror in order to use it successfully today.
Definitely show up with the intent to participate in this very important service and life experience as a citizen. If the case involves an unpopular law, then the judge and prosecutor will be trying to ferret you out and kick you off the jury. You could choose to keep how much you know confidential. It is none of their business and Voire Dire itself is jury stacking, as it is practiced today, by the immoral lawyer clique. If you choose to tell the truth, then you can do it in a way that educates all others in the jury pool. Speak courteously but with confidence, persistence and volume. Make sure that you speak loudly enough to wake up and educate all other potential jurors. Do not meekly go up and talk to the judge privately as he will try to trick you into doing. He will not harm you, but will only be openly courteous to you.
All judges desperately want to maintain their likeability and rapport with all potential jurors, especially those who wind up on the actual jury.
So stand like the powerful citizen that you are and explain to your underling and servant (the judge) that you know the score. You can go a long way with a little (pretend) deference, humility and humor. If the judge is attempting to manipulate, scare or trick you, then you can affect a smile and chuckle as you call him on all of it. Just keep sharing your feelings:
Your honor, (chuckle) I feel that you as a public servant are kinda trying to manipulate and strong arm me because I know we can nullify foolish laws – I feel you don't like me, because I am a citizen who wants to do my duty as a conscientious juror.
I feel you don't want me on this jury because I know some things that you are afraid of – are you afraid of me judge, because I know jurors can veto bad laws, etc., etc.
It is extremely rude, insensitive and politically incorrect to interrupt people who are simply and honestly sharing how they feel.
If you tell the truth, about your knowledge of jury nullification, in court during Voire Dire, you are going to be kicked off the jury (at the time of this writing; in the future, once the jury revolution is obviously underway, the judge will be forced to surrender to educated jurors). If you do it right, you will
taint (educate) the whole jury pool and they will have to send everybody home and get a new bunch for the next day.
If the judge
defeats you and kicks you off the jury, then be a citizen and choose to win the war after losing a battle. Become a jury educator; help win the jury revolution! Then you will wield more power than any judge, politician or bureau_rat, by helping to create a peaceful jury revolution. All we need is a
critical mass of educated jurors in a given state — sufficient to overwhelm the jury tampering and jury stacking tactics of judges. Once that is achieved, the jury revolution will be very obviously underway.
Remember, as a juror you can potentially wield more power over government than at any other time in your life — or in the lives of a million other people. As a juror in an important case, you can literally change history and give America fundamental freedoms. One single gun rights trial, that ends in a jury nullification, could be remembered forever in History as the event that broke the back of all other anti-gun laws. During the jury revolution there will probably be many important or "landmark" cases as different types of freedom stealing laws are eradicated by juries.
Thomas Jefferson, in a letter to Thomas Paine in 1789 said:
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.
Jury Veto Power is actually a much more powerful and available
weapon to protect and restore freedom than a million guns. Because it is peaceful weapon, we can use it now. We do not have to wait until some future time when government has gotten so bad the people violently revolt. The jury revolution has already started. Will you help win it? Will you help to convince the NRA and other gun-rights organizations to pick up our best
weapon to restore freedom and use it? If all the (mainly idle)
horses in the NRA were to pick up the power of jury education and jury nullification, we would create the
horsepower to have anything we want in the arena of gun rights.
It does not matter how bad
politics becomes. Even if all the politicians and candidates are liars, cowards and betrayers, register to vote anyway. Because, as a registered voter, you are eligible for jury duty. Your electoral vote may not make any difference, but as a juror, you can personally veto the freedom stealing schemes and stupidities of all politicians and bureau_rats.
Gun owners and gun rights advocates you have a choice to make. You can be a whiner or you can be a winner. You can also be a selfish, immature little boy who uses all your time and all your years to play with guns and all your other toys. Or you can be a hero who restores gun rights for yourself, your sons and grandsons. You can complain about what the Chucky Schumer's of the world are doing to you and your rights; you can think, talk and act like a loser and a slave.
Or, you can think about what you are going to do to all enemies of liberty who try to steal our guns. You can think, talk and act like a winner and a powerful and effective citizen. I guarantee you that if you take the time to become an expert on jury nullification, then you will feel like and act like a more powerful and effective citizen.
The jury which is the most energetic means of making the people rule, is also the most effective means of teaching it to rule (Alexis de Tocqueville — Democracy in America)
You can become a real hero in the eyes of your sons and grandsons; you can give them more freedom and liberty than we have today.
You can go on offense with the ultimate offensive weapon for freedom and liberty — jury nullification. You can pick up the
anchor of Thomas Jefferson and smash the gun laws and all other freedom stealing laws by doing one thing — being a jury educator and helping to complete The Jury Revolution.
Permission is given to copy, print, post on Internet, etc.
With full attribution to the author Dwight M. Callaway of Boise ID.
And this contact information: dwightcallaway(at)yahoo.com 208-968-3488