Ken De Vries · A recent dialog between those supporting liberty has me scratching my head. Why would people willing to die in defense of liberty not be willing to stand up in court and acquit a person accused of violating some unconstitutional statute? I urge all people interested in defending freedom to educate themselves on the history and purpose of the jury. The founders of this nation placed the final responsibility for all laws passed in our nation into the hands of the citizen juror. The jury is not the rubber stamp of any legislative body. It is within the right of every juror to judge both law and fact in any case before it. As a juror you can act on your conscience and, if necessary, acquit anyone accused of violating an unconstitutional or unjust statute. Here are some cites worthy of your attention. The jury has the right to judge both the law as well as the fact in controversy. ---John Jay, 1st Chief Justice U.S. Supreme Court, The jury has the right to determine both the law and the facts. ---Samuel Chase, U.S. Supreme Court Justice, Signer of the unanimous Declaration 1796 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 instances of the jurys exercise of its prerogative to disregard instructions of the judge... ---U.S. vs. Dougherty, 473 F 2nd 1113, 1139. (1972) “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... If the jury feels that the law under which the defendant is accused is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision.” United States v. Moylan, 4th Circuit Court of Appeals, 1969, 417 F.2d at 1006 fija.org/docs/BP_quotes_on_jury_authority_and_jury_nullification.pdf
Posted on: Wed, 24 Dec 2014 17:19:36 +0000
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