I have been summoned for jury duty in King County Superior Court. Initially, I was thrilled to have an opportunity to do my duty. Moments later it occurred to me that the court would most likely want me to convict someone of violating unconstitutional laws, like laws criminalizing drugs, sex, guns, etc. [More]Mark A. Taff thinks through a process most of us will face.
Jury Nullification!
ReplyDeleteServe on a jury when you have the opportunity. There's a good chance an educated person will be dismissed and not serve, thereby only wasting a small mount of your time. But it is this very small intrusion in your life by which you can exercise your 5th amendment right to effect liberty or imprisonment. You can nullify the law or uphold the law. You won't know until you get there, but getting there and getting on the jury is a very critical part of ensuring government is OF THE PEOPLE, BY THE PEOPLE, and FOR THE PEOPLE.
ReplyDeleteYou have even more rights when empaneled on a grand jury. It's not a real grand jury unless it's a runaway grand jury.
If it's on a Drug charge, just null the jury by saying innocent.
ReplyDeleteActive jurors are one of the few ways to keep gov't run amok in check.
The big decision is whether or not to make it clear during voir dire that you understand your rights as a juror.
ReplyDeletehttp://www.fija.org
I'm usually dismissed immediately upon asking (in a criminal court): 'Judge, would you explain the right and duty of the jury to find as to law as well as to fact?'
ReplyDeleteHave yet to get an answer to the question, just get shown the door.
Do NOT make it easy for the prosecutor or the judge to kick you off the jury! Do not tell them anything about your knowledge of the full power of the jury.
ReplyDeleteBe a ghost during voire dire - a seemingly harmless, empty headed, good citizen "grey man" who let's them all think you will do as your told, and then once you are in deliberation, then you nullify! And even then, don't explain what you are doing to the other jurors or to anyone else, just vote "not guilty" and give no explanation. you owe no one a reason. Just do it.
If you simply must tell the other jurors why you did what you did, do it in the parking lot afterwords, or on the way out the door, after it is all said and done, when it is too late for the judge or prosecutor to do anything, since the verdict is in!
I agree with annon 8:44. One does not go deer hunting with a bass drum and cymbals. When you need to strike emulate the copperhead rather than the rattlesnake. The rattlesnake warns before he bites and as a result sometimes gets his head bashed in before he get the bite. The copperhead always get the bite. He may get his head bashed but he always gets the bite.
ReplyDeleteHaving been dismissed from jury duty twice during the voire dire process for being honest, I would agree with the comments that recommend simply staying quiet and allowing yourself to be selected (as long as you don't have a vested interest in the case, of course). However, I would disagree with the last anonymous poster who says that you should simply vote not guilty and not explain yourself. What better time to convince others that they too have a voice? The more people that know about jury nullification and the more people who buck the trend and vote "no victim, no crime", the sooner we can get back to a Constitutional government and regain our freedom and liberty.
ReplyDeleteI would not lie, but neither would I offer information not asked for, exactly and specifically.
ReplyDeleteThere have been so many rattlesnakes that rattle before striking killed that many rattlesnales exist that do not rattle. Man has subverted the natural selection process and must deal with the consequence.
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