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JURY POWER: The Power to Curb Government Oppression. YES YOU CAN! Here is How!

Updated on April 13, 2011

By Harlan Colt

Who among us has not had a day where you were mad at the system for its complete lack of justice? Who has ever received a citation that was clearly unfair? Not only was it unfair, but as you were paying the fine you realized that justice wasn’t even part of the equation, your money was. Perhaps you went to court thinking you could tell the judge your story and get some justice, only to walk out of the court room with your original fine and now, court costs added in as well.

What can we the people do to get justice from our courts?

First, let’s consider the basic premise of our government, “We the People.” What did We the People do? Let’s whittle down the preamble and see. We the people in order to… promote justice… secure the blessings of liberty… do ordain and establish this Constitution (contract that creates our government) of the United States of America.

We the people do ordain and establish...a whole nation! That sounds pretty powerful to me. Did you know that we the people have that kind of power? The government didn’t create itself, we created it. But if we created it, then why can’t we control it? We can! Look at what else we did while we were wielding our awesome powers.

We created a system of government where we pick someone we like, and send them to the state or federal capitals to write our laws. Great! We are sending our best person to represent us. I know that guy; I went to school with him! Now he is sitting in office looking over bills. Sometimes what sounds really good on paper, doesn’t work so well in practice. Uh oh… that law we passed… turns out its really screwing people over, but look at all the money it is generating for us to spend. Oh well too bad, that’s the law and you just have to live with it. Right?

Wrong.

Remember when we the people wielded our awesome power and created our government? We also created something else. A jury. What? I hate jury duty! Harlan what are you talking about? Way back when, we created our government and our legal system which included a jury of our peers. In those days, it was well known that the jury had one other significant role besides deciding the facts of the case. Do you know what that role was? It was to judge the law in its application and ensure that it was being applied fairly to the defendant!

Never heard of such a thing? Well, hold your petty-bloomers because its 100% true.

If the jury feels the law is unjust, we recognize the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by a judge, and contrary to the evidence. -- 4th Circuit Court of Appeals, US v Moylan, 1969

You see in our infinite wisdom and government creating power we realized that sometimes what sounds real good on paper, doesn’t always serve the people with the justice intended. When we decided to elect someone to write our laws, we set up a system that handed those laws back to us to decide if they were fair since we have to live under them. This IS the way our system was created and it still is this way today.

So how come so many people don’t know?

Up until 100 years ago (or so), the judge would tell the jury they had this power and it was their duty to judge the law as well as the defendant. However, over time judges and lawyers began to realize that this power of the jury tampered greatly with their ability to win cases and make money. Note: every judge and every lawyer in America is a member of the American Bar Association, a self interest group that works to obtain all the greedy little benefits and advantages it can grab for judges and lawyers. Also remember that in today’s court room, a judge is just another lawyer wearing a black robe and playing with a little wooden hammer.

Thus, it soon spread like wildfire that the power of the jury to judge the law had to be squashed! The problem they have is there are too many rulings that recognize this power in several 18th, 19th and even some 20th century court cases. The judges and lawyers cannot completely and blatantly take this power away from We the People. However, they can keep us ignorant that it exists. Some judges even go so far as to tell the jury they have to rule in the way that he instructs them to do. LIES! This is simply not true. No judge in any court in America can punish a juror for their vote, period. (Note: not all judges and lawyers try to hide this from the jury; there are a few good, honest officers of the court who actually inform the jury of their right and 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." -- Chief Justice Harlan F. Stone

Cool this judge is named is Harlan too!

This process is called “jury nullification of a law”, it is not only legal, it is an intended process of our legal system. Here is how it works in a nutshell: We elect someone to write laws. Those laws come back to us in the jury box. If the law is unjust, we find our fellow citizen not guilty - even if they are. When the government cannot enforce this law upon the people, they quit trying. The law becomes nullified. The law comes full circle from birth to death, so to speak.

You the citizen have the full power of the state and/or federal legislative bodies in your hands every time you sit in the jury box. This is a serious responsibility. Each and every citizen can change the unjust laws we live under by simply voting “Not Guilty” when someone is being unjustly charged. This does not mean we vote “not guilty” when the law fits the crime fairly. But it could mean that we don’t have to live under unjust laws bought and paid for by large special-interest lobbying firms and other misguided bills passed into freedom-choking laws.

Question: So why are we the people not nullifying the federal tax code that is ridiculously longer than a trip to the moon and back? Joe missed some of his taxes and now owes the government his family’s income for the next four generations… NOT GUILTY! Next case!

Want to learn more? Check out the Fully Informed Jury Association. I have known about them for over 20 years. Check out their website at: FIJA.org.

Take our justice system back! VOTE NOT GUILTY in unjust trials!

And the best part is, its quiet, its gentle, no violence, no threats, just calm, gentle awesome power strong enough to overturn the U.S. Congress in one little teeny tiny vote!

No wonder they want it kept secret. And you thought jury duty was a pain in your rump. Sheesh!

- Harlan

Comments

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    • Harlan Colt profile imageAUTHOR

      Harlan Colt 

      7 years ago from the Rocky Mountains

      Hey Breakfastpop,

      Thank you for the comments. I wish this hub got more readership, but I guess people simply do not find it very interesting. Which is why they will continue to go to court and wonder why they didn't get any justice. :(

      - Best Wishes

      - Harlan

    • breakfastpop profile image

      breakfastpop 

      7 years ago

      Fascinating piece of writing. I had no idea that a jury could decide matters in this way. Normally, the judge lays out the parameters of the case and that's that. Now if we could only decide things based upon common sense principles. What an amazing world this would be. Voted up, useful and awesome. You have inspired me to look into this further. Thanks for the link.

    • OpinionDuck profile image

      OpinionDuck 

      8 years ago

      Harlan

      On the bible, I have done extensive talk on it, but I didn't feel this hub was the appropriate arena.

      Your comment about jurors as legal morons is accurate. Even knowledge of the law removes you from consideration.

      Also, you get what you pay for, if you are lucky, but jurors are no cost in criminal trials. The only other none paid members of the trial are the defendant. Running justice on the cheap hasn't really produced good results.

      As you know, in a trial by judge, the trier of fact is paid, unlike the jurors.

      The rise and effectiveness of the use of circumstantial evidence in criminal trial favors the prosecution. In many cases it is used as reversed reasonable doubt. The prosecution and the defense both tell their story, and the jurors only seem to have to believe the prosecution story over the decision and it removes reasonable doubt. This is especially important in cases with little or no physical evidence tying the defendant to the crime.

      So it then boils down for the jury, which is the better story and most of the time the jurors believe the prosecution's story. Actually, they are both just stories, and that should not remove the jury's responsibility of making their decision beyond a reasonable doubt.

      Taking one story over the other is most times like using preponderance of the evidence, rather than beyond a reasonable doubt.

      The beyond a reasonable doubt has always been presented in vague and ambiguous ways. But, the fact is that is the standard that the jurors should apply to their verdict.

      This appears to be outside of the realm of the average juror.

      I would say that justice should not come for free, and a paid jury that has been trained in the law would be more appropriate. We have paid umpires in sports, and that seems to work. Imagine if we had sport umpires that didn't understand the game that they were umpiring.

      With amount and depth of taxes that we pay, screw the civic duty crap. Stop involuntary servitude, pay a professional juror.

      Glad you like the duck avatar, sorry about the dark glasses, but I didn't want to be recognized.

    • Harlan Colt profile imageAUTHOR

      Harlan Colt 

      8 years ago from the Rocky Mountains

      OpinionDuck,

      Thank you for reading and commenting. I have no problem with disagreements, I even enjoy hearing people's point of view. However, folks who disagree on the Bible seem to never wanna talk about it, but I'm good with that too.

      As far getting a jury of your peers, you make a good point. Both lawyers are hard at work trying to stack the jury with morons who barely have a pulse. If you know about jurors rights, you need to play completely stupid about it to get on the jury.

      I like your rubber ducky... way cool.

    • OpinionDuck profile image

      OpinionDuck 

      8 years ago

      Harlan

      While we probably won't agree on your bible, we can agree on the jury system.

      BTW, when was the last jury of PEERs?

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