Here is a 2-minute video on the revival of an old concept that has its roots at the very origins of the writing of our Constitution. When one has committed a “crime”, of which 80-90% are victimless State fabricated crimes, the jury of our peers has the power to judge not only the facts of the case but also the law itself. This gives those on the jury an awesome power to overturn existing unconstitutional laws with their decision. By not coming to a unanimous decision the result is a “hung jury” or a hopelessly deadlocked trial, which must be declared a mistrial, and, if the prosecution is so persistent, a new trial must be embarked on with a new panel of jurors. Oregon and Louisiana are the only exceptions to this unanimous decision rule, a 10-2 ruling being sufficient in those states. Judges have tried many times to bully jurors into a unanimous verdict based not on the law deemed unconstitutional but based on the law as the Judge provides it. This is a direct usurpation of the fundamental rights of a juror. The jurors hold incredible power to nullify unjust laws that have been the law of the land for decades or centuries. The rulers are not as powerful as they think and the people are not as weak as they think!
It is not only [the juror’s] right, but his duty…to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.
John Adams, Founding Father and 2nd President of the United States
Jury nullification as elucidated by the 5th Amendment is similar to State nullification as elucidated by the 10th Amendment. The former allows jurors to nullify or render laws unconstitutional and the latter allows any State to do the same. It is not something the Federal Government explains well as it would be self-defeating.
I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its Constitution.
Thomas Jefferson, 3rd US President
This is a concept whereof few people are aware. It is perhaps one of the best checks and balances the Constitution affords. The so called checks and balances that are usually attributed to the 3 branches of government are absurd since an entity cannot realistically police itself. Only an outside 3rd party without a vested interest can be expected to do such a thing.
The jury has the right to judge both the law as well as the fact in controversy.
Judge John Jay, first chief justice of the Supreme Court
The term “victimless crime” is defined as a crime which does not result in injury of any person and hence there exists no direct or identifiable victim. Such crimes are associated with most laws except those involving the topic of theft. Arguably theft is the most ancient of crimes. Broadly defined it covers fraud which would be theft of one’s wealth; arson, property damage, and vandalism which would be theft of one’s property and possessions; assault and battery which would theft of one’s health and well being; rape would be theft of one’s sexuality; and murder would be theft of one’s life. Some notorious victimless crimes that contribute to the overpopulation of our cages, also known as prisons, include illegal drug use/possession, tax evasion, speeding, inspection expiration, violation of State licensure terms, adultery, practicing healing practices not approved by the FDA, evading the oncoming single payer health care etc.
All laws which can be violated without doing anyone any injury are laughed at.
When the State endeavors to forcefully prohibit a substance or action it inevitably creates a black market and the proliferation of said substance or action. This process has been clearly seen in the War On Terror, War On Drugs, War on Illegal Immigrants, War on Prostitution etc. The State is notoriously and fabulously inefficient at anything to which it sets its mind and taxpayer currency. This has been a wonderful method to provide justification for its own existence and is readily approved by the vulgar masses which are raised on government indoctrination (public/tertiary education) and are sustained on a steady diet of government propaganda (mainstream news).
Judge Undermines Jury Nullification Law with Jury Instructions
Here is another wonderfully philosophical 4 1/2 minute video done by a good friend on the dichotomous views of anarchy which include chaotic violence and peaceful free market order. The inherent immorality of the institution of government lies in that we cannot delegate to government any right that we do not ourselves possess. We cannot steal from our neighbor, kidnap our neighbor, imprison our neighbor, fine our neighbor, or execute our neighbor. If our government is said to be “by the people, for the people, and of the people” how then can we reasonably delegate such rights to those that would rule over us? Undoubtedly government officials are human, although David Icke would object to this, and are subjected to the same natural rule of law and non aggression principle that all other human beings are subjected to without exception. The dissolution of this concept lays the foundation for such things as coups, military invasions, genocide, politicide, mass murder, drone strikes, indefinite detention and execution without habeas corpus etc.
If the war on terror produced more terrorists and the war on drugs produced more black market drug use, can we please have a war on jobs and a war on money?
The jury has an “unreviewable and irreversible power… to acquit in disregard of the instructions on the law given by the trial judge.
[US vs Dougherty, 473 F 2d 1113, 1139 (1972)]
Juries have the power to judge the facts of the case as well as the law itself.
US Supreme Court, February 1794
Just do good things