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Jury Nulification: Spread it Around.

The "smokey blimp" speaks the TRUTH on this one!! I, too, have known of this fact for many decades, a very important check within a political legal system. Thanks for bringing it up, Hash.
 

bentom187

Active member
Veteran
http://reason.com/blog/2012/09/14/new-hampshire-jury-acquits-pot-growing-r


New Hampshire Jury Acquits Pot-Growing Rastafarian

Jacob Sullum|Sep. 14, 2012 1:00 pm


A few months ago, New Hampshire Gov. John Lynch signed a bill declaring that "in all criminal proceedings the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy." Although the new law does not take effect until next January, a case decided yesterday in Belknap County illustrates the importance of the nullification power it recognizes. A jury unanimously acquitted Doug Darrell, a 59-year-old Rastafarian charged with marijuana cultivation, after his lawyer, Mark Sisti, argued that a conviction would be unjust in light of the fact that Darrell was growing cannabis for his own religious and medicinal use. More remarkably, Judge James O'Neill instructed the jury that "even if you find that the State has proven each and every element of the offense charged beyond a reasonable doubt, you may still find the defendant not guilty if you have a conscientious feeling that a not guilty verdict would be a fair result in this case."

That is New Hampshire's model jury instruction on the nullification issue, but each judge has discretion whether to give it. In this case, since Sisti argued in favor of nullification and the prosecutor, Stacey Kaelin, argued against it, O'Neill agreed to clarify the law by giving an explicit instruction. The jury, which deliberated for six hours on Wednesday afternoon and Thursday morning, twice asked to hear the instruction again. Sisti, who has been practicing law for 33 years, says this is the first time he has persuaded a judge to tell jurors they have the power to vote their consciences. He hopes the new law will make such instructions more common, if not standard.

Darrell was arrested in 2009 after members of a marijuana eradication task force spotted his plants from a National Guard helicopter flying over his home in Barnstead. Sisti tried unsuccessfully to have the evidence suppressed, aguing that the aerial surveillance was illegal because the helicopter flew below what the Federal Aviation Administration considers a safe altitude, thereby violating Darrell's reasonable expectation of privacy. The Belknap County Attorney's Office, evidently eager to get rid of a case that involved just 15 plants and no distribution, offered Darrell a series of increasingly lenient plea deals, culminating in an offer that entailed a misdemeanor guilty plea with no jail time or fine. Darrell turned all the offers down, Sisti said, because "he didn't think he was guilty of anything; it's a sacrament in his religion." Instead he went to trial on a charge of manufacturing a controlled drug, a Class B felony that carries a penalty of three and a half to seven years in prison. Darrell's first trial ended in a mistrial last November due to prosecutorial error. His second trial ended in yesterday's acquittal.

"Cases like this shouldn't be brought," Sisti says. "And when they are brought, I think that safety valve, that nullification safety valve, is very important. Other states had better start waking up, because without it, people are going to be convicted of very serious charges through hypocrisy. The jury's going to think they can't do anything else, and that's wrong."
 

bentom187

Active member
Veteran
this is 2 hours, but well worth the listen.

Dr. Dale Livingston - The True Deal With Judges
[YOUTUBEIF]8C5YQ8Qheh4[/YOUTUBEIF]
 

bentom187

Active member
Veteran
BUMP !!!

Section 2: Judicial power, jurisdiction, and trial by jury
Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Nope, I don't see judges or administrative lawyer judges in there at all.

Ben Swann Announces "JUST US" Jury Nullification
[YOUTUBEIF]mnOyyCIhM3k[/YOUTUBEIF]

see jury nullification works even against the IRS !

IRS Defeated by Hung Jury Against Tax Resister

This morning, the jury in Doreen Hendrickson’s trial returned to the courthouse and deliberated all day. At around 5pm, they finally emerged and presented their verdict: hung jury. Hung by ONE! What a delightful victory!!!

One juror stood up to the others, stood up to the IRS (no small undertaking) and to the judiciary — who was clearly making decisions on the side of the IRS.

Judge Roberts admitted all the IRS’ evidence and almost none of the defendant’s. Her instructions to the jury were unconstitutional at best, criminal at worst. She should be removed from the bench and disbarred.

The lone principled juror was even called out and grilled about his decision. He was not swayed by the badgering: “I just wasn’t convinced.” Thank you! Neither were we.

And, yes, I’m saying the other jurors weren’t principled. Unless supporting thuggery is principled? Suborning perjury is principled? Obeying an IRS demand even if it is unlawful and unconstitutional is principled? Being ignorant of the Constitution, the Bill of Rights and jury nullification is principled?

I think not. As our masters are fond of telling us, being ignorant of the law is no defense. That blade cuts both ways.

Let those other jurors go home to Dancing with the Stars. Maybe one day, they will wake up. I’m grateful for the lone juror: thank you for being the conscience of the people.

“It does not take a majority to prevail… but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men.” – Samuel Adams, Founding Father and signer of the Declaration of Independence

The IRS can call it quits and move on. Or it can re-try Doreen and waste even more taxpayer money.

If they try again, the Hendricksons will be even more prepared for the shenanigans. The news about jury nullification is spreading. As the economy falls further into the toilet, Americans are waking up to what is going on and who is benefiting.

More and more people are questioning the IRS’ tactics if not the entire institution. Calls to “Audit the Fed!” are heard more and more often…

Not that any dose of sanity will stop the DOJ drones. They have nothing to lose — ain’t their money they are spending to persecute a tiny woman for not obeying their order to sign the damn form and perjure herself. They get paid regardless, right? Get their pensions and benefits regardless, right? Right.

The only person who can stop them is YOU. We are gathering names and addresses for letters and emails to TPTB. The lone juror sent a very strong message today. Let’s not leave him and Doreen to stand alone.

I know from Facebook, online news sources, activist groups like Oathkeepers and the shares of these articles that everyone who reads about Doreen’s trial is outraged. That is cause for hope. Thank you!
 
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paladin420

FACILITATOR
Veteran
Bumpin for the brothers n sisters still being ground up in this broken system.

It's time to end prohibition!!
 

justanotherbozo

Active member
Veteran
...i just wanted to say thanks to all who have posted in this thread and to wish you all a very merry Christmas, ...and if you are Jewish, have a happy Hanukkah.

and bentom187, i REALLY dig the Sam Adams quote, ...i might have to add it to my sig, lol.

peace, bozo
 

Hash Zeppelin

Ski Bum Rodeo Clown
Premium user
ICMag Donor
Veteran
one day when i can afford it I'm gonna do this.

http://www.washingtonpost.com/local...53edbc-3da9-11e3-a94f-b58017bfee6c_story.html

Billboard advocating jury nullification concerns local prosecutors

The illuminated billboard in the Judiciary Square Metro station near the F Street entrance was strategically placed.

Prospective jurors who take the subway to D.C. Superior Court and exit near the National Building Museum see these words: “Good jurors nullify bad laws” and “You have the right to ‘hang’ the jury with your vote if you cannot agree with other jurors.”

Since the billboard went up this month, District prosecutors have been worried that the message could sway their cases. In the past week alone, they have asked judges in three *cases to ensure that jurors had neither seen nor been influenced by the billboard.

The billboard is part of a growing national campaign to encourage jurors who disagree with a law, or think a punishment is too harsh, to vote for acquittal. Kirsten Tynan of the Montana-based Fully Informed Jury Association, whose name and Web address is included on the billboard, said the nonprofit group generally challenges crimes it calls “victimless,” such as vandalism by graffiti or gun possession.

James Babb, a Philadelphia-based graphics artist who organized a fundraising campaign to put up the billboard, said he raised $3,000 in about a week through Facebook and other *social-media sites. He said he is concerned about laws that he thinks are too restrictive.

“People are going to jail for weed,” Babb said. “Things are getting so weird. There needs to be this final safeguard to protect us from a tyrannical government.”

Babb’s group has added a similar message on two pillars in Archives station, another Metro stop near the courthouse. Both displays are scheduled to be up for about a month. Babb said he also plans to place signs in other cities, including Chicago and Los Angeles.

Supporters of jury nullification in several cities have raised the ire of judges and prosecutors. In New York last year, an 80-year-old man was charged with jury tampering after passing out fliers about jury nullification to courthouse visitors; the case was later dismissed by a federal judge.

Locally, prosecutors have been scrambling to ensure that the billboard’s message doesn’t influence their *cases.

In a gang-related murder trial set to begin this week, prosecutors filed a motion asking the judge to question potential jurors about whether they had seen the billboard. They also requested that the judge remind jurors that their verdict should not be influenced by whether they agree or disagree with the law.


In their memo, prosecutors Todd Gee and Emily Miller wrote that jurors who see the billboard may think “they don’t have to abide by an oath” and that it could encourage them “to hang and to learn about the concept of jury nullification.”

In another recent murder case, the jury had already been sworn in and the trial was underway when prosecutors alerted Superior Court Judge Herbert Dixon to the billboard. Dixon, according to people familiar with the case, then asked the jurors if they had seen the billboard. No one said they had.

Days later, the jury found the defendant, Grant Johnson, 39, of Bladensburg, Md., guilty of first-degree murder in the slaying of 32-year-old Ricardo Lancaster during a drug deal in 2012, prosecutors said.

And in a trial involving an assault with a deadly weapon, Assistant U.S. Attorney Brittain Shaw asked the judge to question potential jurors about the billboard. Days later, the jury found the defendant, Charles Link, 53, guilty in a knife attack in November that left one man injured.

The billboard also comes as Adam Kokesh, a Fairfax County-based gun rights activist, is preparing to go to trial after posting an Independence Day video on YouTube of himself apparently loading a shotgun in Freedom Plaza. He had been scheduled to go to trial Thursday, but the case was pushed back to at least Nov. 18.

Kokesh’s supporters have advocated for jury nullification in his case.

Tynan said the Metro billboard was not directly aimed at the Kokesh, who pleaded not guilty to carrying a pistol without a license, but she said that his case was the kind her organization targeted. “It’s a victimless trial,” Tynan said.

A spokesman for the U.S. attorney’s office said there has been no organized effort by prosecutors to address the billboard, but instead prosecutors have raised the issue on a case-by-case basis.

“Jurors in the District of Columbia play an important role in holding accountable the criminals who threaten and harm the people who live, work and visit our city,” U.S. Attorney Ronald C. Machen Jr. said in a statement. But he added, “Jurors who ignore the law or refuse to follow the judge’s instructions embolden criminals who believe that they can get away with breaking the law and do harm to the community without any repercussion.”
 
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