Lesson Seven, April 19, 2001
Jury Rights
[Portions of this are from The Citizens Rule Book and are used with permission.]
"Leave no authority existing not responsible to the people."
Thomas Jefferson, letter to I. Tiffany - 1816Your jury rights are simply a check and balance against total government power, making the authority of the law responsible to the people. The jury was intended to be one of the checks and balances against corrupt government officials and bad laws.
Jefferson also said in a letter to P. Dupont, 1816:
"Justice is the fundamental law of society."
The purpose of the law is to serve justice, not necessarily the will and whim of government. Enforcement of the law should be to serve justice, it should not simply be enforced solely because it is the law:
"Law is often the tyrant's will, and always so when it violates the right of an individual."
Thomas Jefferson to I. Tiffany, 1819"Every government degenerates when entrusted to the rulers of the people alone."
Thomas Jefferson: Notes on Virginia, 1782"Experience [has] shown that, even under the best forms [of government], those entrusted with power have, in time and by slow operations, perverted it into tyranny."
Thomas Jefferson: Diffusion of Knowledge Bill, 1779One of those slow operations to turn our Republic into tyranny is the theft of our jury rights.
As a side note, this article, to paraphrase, states that a juror cannot be held accountable to the judge for their verdict. Our jury rights have been so weakened by the slow operations of tyranny that I know of at least one case where a juror was jailed for refusing to vote according to the wishes of the judge.
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The Citizens Rule Book
JURY HANDBOOKRIGHTS COME FROM GOD, NOT THE STATE!
"You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe." --John Adams, Second President of the United States
A HANDBOOK FOR JURORS
The purpose of this information if to revive, as Jefferson put it, "The Ancient Principles." It is not designed to promote lawlessness or a return to the jungle. The "Ancient Principles" refer to the Ten Commandments and the Common Law. The Common Law is, in simple terms, just plain common sense and has its roots in the Ten Commandments.
In 1776 we came out of BONDAGE with FAITH, UNDERSTANDING and COURAGE. Even against great odds, and with much bloodshed, we battled our way to achieve LIBERTY. LIBERTY is that delicate area between the force of government and FREEWILL of man. LIBERTY brings FREEDOM of choice to work, to trade, to go and live wherever one wishes; it leads to ABUNDANCE. ABUNDANCE, if made an end in itself, will result in COMPLACENCY which leads to APATHY. APATHY is the "let George do it" philosophy. This always brings DEPENDENCY. For a period of time, dependents are often not aware they are dependent. They delude themselves by thinking they are still free - "We never had it so good." - "We can still vote, can't we?" Eventually abundance diminishes and DEPENDENCY becomes known by its true nature: BONDAGE!!!
There are few ways out of bondage. Bloodshed and war often result, but our founding fathers learned of a better way. Realizing that a CREATOR is always above and greater than that which He creates, they established a three vote system by which an informed citizenry can control those acting in the name of government. To be a good master you must always remember the true "pecking order" or chain of command in this nation:
1. GOD created man...
2. Man (that's you) created the Constitution
3. The Constitution created government...
4. Government created corporations...etc.The base of power was to remain in WE THE PEOPLE but unfortunately, it was lost to those leaders acting in the name of government, such as politicians, bureaucrats, judges, lawyers, etc.
As a result America began to function like a democracy instead of a REPUBLIC. A democracy is dangerous because it is a one-vote system as opposed to a Republic, which is a three-vote system. Three votes to check tyranny, not just one. American citizens have not been informed of their other two votes.
Our first vote is at the polls on election day when we pick those who are to represent us in the seats of government. But what can be done if those elected officials just don't perform as promised or expected? Well, the second two votes are the most effective means by which the common people of any nation on earth have ever had in controlling those appointed to serve them in government.
The second vote comes when you serve on a Grand Jury. Before anyone can be brought to trial for a capital or infamous crime by those acting in the name of government, permission must be obtained from people serving on the Grand Jury! The Minneapolis Star and Tribune in the March 27th 1987 edition noted a purpose of the Grand Jury this way: "A grand jury's purpose is to protect the public from an overzealous prosecutor."
The third is the most powerful vote; this is when you are acting as a jury member during a courtroom trial. At this point, "the buck stops" with you! It is in this setting that each JUROR has MORE POWER than the President, all of Congress, and all of the judges combined! Congress can legislate (make law), the President or some other bureaucrat can make an order or issue regulations, and judges may instruct or make a decision, but no JUROR can ever be punished for voting "Not Guilty!" Any JUROR can, with impunity, choose to disregard the instructions of any judge or attorney in rendering his vote. If only one JUROR should vote "Not Guilty" for any reason, there is no conviction and no punishment at the end of the trial. Thus, those acting in the name of government must come before the common man to get permission to enforce a 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 resolve this paradox."
"More than logic has suffered. As originally 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 function 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 HaleThe 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)LAW OF THE LAND
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for a law which violates the Constitution to be valid. This is succinctly stated as follows:
"All laws which are repugnant to the Constitution are null and void."
Marbury vs Madison, 5 US (2 Cranch) 137, 174, 176, (1803)"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them"
Miranda vs Arizona, 384 US 436 p. 491."An unconstitutional act is not law; it confers no right; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed."
Norton vs Shelby County 118 US 425 p.442The general rule is that an unconstitutional statute, though having the form and the name of law, in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.
"No one is bound to obey an unconstitutional law and no courts are bound to enforce it."
16th American Jurisprudence 2d, Section 177 late 2nd, Section 256----------
So we see that the original intent was for the law to be subject to the scrutiny of the people, and they could judge the law to be wrong, or wrong in a particular case. This intent by the founders however, has been subverted. Many State Constitutions declare that the jury has the right to judge both the facts AND the law. In other words the jury may find that, according to the facts, the defendant is indeed guilty, but also may find that the law is wrong, or wrongly applied in that particular case, and declare that the defendant is not guilty. Today however, juries are not only NOT informed of their rights as jurors but are required to determine the facts only, and leave the judging of the law to the Judge! This neatly sidesteps the "Leave no authority existing not responsible to the people." admonition of Thomas Jefferson! Today, because jury rights have all but been disjoined due to ignorance on the part of the people regarding their rights and to judicial opposition, that once a bad law is passed it can only be overturned by a Judge or legislative act! The authority of the law is no longer responsible to the people.
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