EDUCATE CITIZENS OF THEIR RIGHTS AS JURORS WHICH IS ONE OF AMERICA'S PROTECTIONS AGAINST TYRANNY

 - JURY NULLIFICATION -

Jury Nullification is defined as the right of the jury to judge not only the guilt or innocence of an individual, but also whether or not the law is a just law.

In 1804, Samuel Chase, Supreme Court Justice and signer of the Declaration of Independence said: "The jury has the Right to judge both the law and the facts".

This power which Americans possess is to nullify oppressive acts of the legislature.

Thomas Jefferson said, "I consider trial by jury as the only anchor, ever yet imagined by man, by which a Government can be held to the principled of its constitution."

John Jay has stated that juries have the right to take upon themselves to judge both the law as well the facts.

The Supreme Court has ruled that jurors have the right to decide the law, but they don't have to be told about it. It may sound hypocritical, but the Dougherty decision conforms to an 1895 Supreme Court decision that held the same thing. In Sparf vs US (156 US 51), the court ruled that although juries have the right to ignore a judge's instructions on the law, they don't have to be made aware of the right to do so.

The logic behind such a decision is plain. In our Constitutional Republic the people have granted certain limited powers to government, preserving and retaining their God-given inalienable rights. So, if it is the juror's right to decide the law, then the citizens should know what their rights are. They need not be told by the courts. After all, the Constitution makes us the masters of the public servants. Should a servant have to tell a master what his rights are? Of course not, it's our responsibility to know what our rights are!

The idea that juries are to judge only the "facts" is absurd and contrary to historical fact and law.

Are juries present only as mere pawns to rubber stamp tyrannical acts of the government? We The People wrote the supreme law of the land, the Constitution, to "secure the blessings of liberty to ourselves and our posterity." Who better to decide the fairness of the laws, or whether the laws conform to the Constitution?

Jury Power:
The Constitutions of numerous states currently have provisions guaranteeing the right of jurors to "judge" or "determine" the law.

For more information on how you can educate others go to: www.fija.org or call 1-800-TEL-JURY

Copied with permission from the DREYFUS MEMO by Dr. Robert Dreyfus [PROJECT RECLAIM EMAIL.pdf file by email 1/1/2009]