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Fully Informed Jury Association
Fully Informed Jury Association ^ | JAnuary 22, 2011

Posted on 01/22/2011 4:29:38 PM PST by don-o

Purpose

The FIJA mission is to educate Americans regarding their full powers as jurors, including their ability to rely on personal conscience, to judge the merit of the law and its application, and to nullify bad law, when necessary for justice, by finding for the defendant.

The Fully Informed Jury Association(FIJA)is a nonpartisan public policy research and education organization located in Helena, Montana. FIJA focuses on issues involving the role of the jury in our justice system and the preservation of the full function of the jury as the final arbiter in our courts of law. The FIJA mission is to inform all Americans about their rights, powers and responsibilities when serving as trial jurors. FIJA works to restore the political function of the jury as the final check and balance on our American system of government.

To assist supporters who press for a “fully informed jury,” FIJA has drafted the following model bill language suitable for passage into law or for amending a state constitution:

“An accused or aggrieved party’s right to trial by jury, in all instances where the government or any of its agencies is an opposing party, includes the right to inform the jurors of their power to judge the law as well as the evidence, and to vote on the verdict according to conscience.

This right shall not be infringed by any statute, juror oath, court order, or procedure or practice of the court, including the use of any method of jury selection which could preclude or limit the empanelment of jurors willing to exercise this power.

Nor shall this right be infringed by preventing any party to the trial, once the jurors have been informed of their powers, from presenting arguments to the jury which may pertain to issues of law and conscience, including (1) the merit, intent, constitutionality or applicability of the law in the instant case; (2) the motives, moral perspective, or circumstances of the accused or aggrieved party; (3) the degree and direction of guilt or actual harm done, or (4) the sanctions which may be applied to the losing party.

Failure to allow the accused or aggrieved party or counsel for that party to so inform the jury shall be grounds for mistrial and another trial by jury.

When every American juror is aware of and permitted to exercise all of his and her rights, the final judgment of law will return to where it was always intended to be located…in the hands of the people. Once again our jury system will function as our country’s founders intended it to function as people’s final check against the government’s tendency to encroach upon the rights of its people.

N.B. FIJA conducts its campaign solely through educational outreach programs and materials, and works to achieve its goals through means appropriate to its 501(c)(3) status. It does not advocate violence or willful disobedience to the law, and does not associate itself with any anti-government movement or organization.

To maintain its independence, FIJA accepts no government funding. FIJA programs and publications are possible because of generous contributions received from individual donors, foundations and corporations. FIJA generates revenue through seminar fees and the sale of FIJA publications and materials. FIJA is a public policy nonprofit, tax-exempt educational foundation under Section 501 (c) 3 of the Internal Revenue Code.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society
KEYWORDS: jury; liberty; nullification
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Jury nullification came up on a thread today - about the Seattle of a man arrested for failing to meet the demands of the TSA.
1 posted on 01/22/2011 4:29:39 PM PST by don-o
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To: oneolcop; Keith in Iowa

ping


2 posted on 01/22/2011 4:30:35 PM PST by don-o (He will not share His glory; and He will NOT be mocked! Blessed be the name of the Lord forever.)
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To: don-o

Bump


3 posted on 01/22/2011 4:33:26 PM PST by HP8753 (Live Free!!!! .............or don't.)
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To: don-o
Purpose The FIJA mission is to educate Americans regarding their full powers as jurors, including their ability to rely on personal conscience, to judge the merit of the law and its application, and to nullify bad law, when necessary for justice, by finding for the defendant.

When juries are deemed to have the power to decide based on their own opinions or eccentricities which laws count and which don't, then we no longer have any semblance of the rule of law.

4 posted on 01/22/2011 4:33:55 PM PST by VRWCmember (Veritas vos Liberabit)
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To: don-o

Is it coincidence that I received a summons for jury duty today? hmmm


5 posted on 01/22/2011 4:33:55 PM PST by o_zarkman44 ("When injustice becomes law, resistance becomes duty." Thomas Jefferson)
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To: don-o

Last I heard, there is VERY STRONG push back from judges and prosecutors against the FIJA. Especially from activist judges.

I strongly support this movement. But is seems that they are being overwhelmed by an out of control judiciary.

If a jury spanked the TSA, it would indeed be wonderful thing of beauty.

My fear is that too many sheeple are either too ignorant or afraid to make that statement.

I would love to be wrong.


6 posted on 01/22/2011 4:35:42 PM PST by ConradofMontferrat (PS. The muzlim nations think my handle is a prime example of "hate speach." Oh Well.)
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To: VRWCmember
When juries are deemed to have the power to decide based on their own opinions or eccentricities which laws count and which don't, then we no longer have any semblance of the rule of law.

You are so completely dead wrong on this it isn't even funny.

L

7 posted on 01/22/2011 4:35:55 PM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: VRWCmember

Really?


8 posted on 01/22/2011 4:37:50 PM PST by taxtruth (Don't end the fed,jail the fed!)
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To: o_zarkman44
Is it coincidence that I received a summons for jury duty today?

I got mine a couple weeks ago.

9 posted on 01/22/2011 4:38:03 PM PST by don-o (He will not share His glory; and He will NOT be mocked! Blessed be the name of the Lord forever.)
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To: don-o
I've been following FIJA for years. The Sparf VS the United States verdict was one of the worst to ever come out of the supreme court. The supreme court ruled that jurors need not be informed of their rights and prosecutors, defending attorneys, and judges have tampered with juries ever since.

THOMAS JEFFERSON (1789): 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.

JOHN ADAMS (1771): It's not only ....(the juror's) right, but his duty, in that case, to find the verdict according to his own best understanding, judgement, and conscience, though in direct opposition to the direction of the court.

ALEXANDER HAMILTON (1804): Jurors should acquit even against the judge's instruction...."if exercising their judgement with discretion and honesty they have a clear conviction that the charge of the court is wrong."

U.S. vs. DOUGHERTY (1972) [D.C. Circuit Court of Appeals]: The jury has...."unreviewable and irreversible power...to acquit in disregard of the instructions on the law given by the trial judge."

10 posted on 01/22/2011 4:38:32 PM PST by cripplecreek (Remember the River Raisin! (look it up))
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To: VRWCmember

Juries have had this power from the beginning. Judges and prosecutors are the one’s that have stolen our powers. If you knew that the 16th amendment did not pass would you be sending your fellow citizens off to the slammer? By the way, it did not pass.


11 posted on 01/22/2011 4:42:47 PM PST by Goreknowshowtocheat
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To: VRWCmember

When judges are deemed to have the power to decide based on their own opinions or eccentricities which laws count and which don’t, then we no longer have any semblance of the trial by jury.


12 posted on 01/22/2011 4:43:12 PM PST by freedomfiter2 (Brutal acts of commission and yawning acts of omission both strengthen the hand of the devil.)
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To: don-o
Good luck with this one. Most judges and especially prosecutors despise jury nullification. "Judges determine law and jury determines the facts." That's the tradition.

Although jury nullification sometimes does happen. OJ Simpson.

13 posted on 01/22/2011 4:44:08 PM PST by Darren McCarty (We should lead ourselves instead of looking for leaders)
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To: VRWCmember
When juries are deemed to have the power to decide based on their own opinions or eccentricities which laws count and which don't, then we no longer have any semblance of the rule of law.

This is a very valid point. But what is the recourse for an out of control judiciary? At what point do you say to an activist judge, intent on bending the Constitution like a pretzel, "this far, and no farther?" Let's say, judges who think we need to look to the laws of Other Countries for our direction?

Your statement is true, but only for one side of the coin. The fact is that the other side of the coin needs, sometimes, to be held in check too. Left without constraints, we fall into lawlessness just as fast.

14 posted on 01/22/2011 4:45:17 PM PST by ConradofMontferrat (PS. The muzlim nations think my handle is a prime example of "hate speach." Oh Well.)
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To: VRWCmember

I can maybe see where you are coming from - ref the O J trial.

However, consider http://www.freerepublic.com/focus/f-news/2661500/posts for the positive potential.


15 posted on 01/22/2011 4:45:17 PM PST by don-o (He will not share His glory; and He will NOT be mocked! Blessed be the name of the Lord forever.)
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To: VRWCmember

“When juries are deemed to have the power to decide based on their own opinions or eccentricities which laws count and which don’t, then we no longer have any semblance of the rule of law.”

Have you read your own post? Are you crazy? Juries having that power is what it’s all about. A jury of your peers...

Why else have juries if an algorithm would do?


16 posted on 01/22/2011 4:48:51 PM PST by babygene (Figures don't lie, but liars can figure...)
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To: babygene

Juries are so retro, so archaic. I’m on a grand jury now, where the DA brings the most pedestrian and solid of cases, for reasons only he knows, it’s, how the system works. But some of the fellow jurors are so damn serious about it, ready to secondguess all the expert witnesses, so clever by half, it is embarassing and shameful, besides being timewasting.


17 posted on 01/22/2011 4:54:30 PM PST by Revolting cat! (Let us prey!)
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To: Revolting cat!

You shouldn’t be on any jury if you feel that way.


18 posted on 01/22/2011 4:57:19 PM PST by taxtruth (Don't end the fed,jail the fed!)
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To: don-o

Why don’t members of the FIJA picket in front of courthouses, handing out information about specific cases, and informing potential jurors? Heck, you could even advertise that if you believe in the tenets of a fully informed jury, you are likely to be rejected from jury duty? Word would spread, and people would become educated. Before long, those so educated would WANT to serve on juries, and throw a complete wrench in the judicial works.....which would be GOOD.


19 posted on 01/22/2011 5:00:03 PM PST by runninglips (Don't support the Republican party, work to "fundamentally change" it...conservative would be nice)
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To: babygene
JOHN JAY (1794): The jury has a right to judge both the law as well as the fact in controversy.

SAMUEL CHASE (1804): The jury has the right to determine both the law and the facts.

OLIVER WENDELL HOLMES (1920): The jury has the power to bring a verdict in the teeth of both the law and the facts.

BYRON WHITE (1975): The purpose of a jury is to guard against the exercise of arbitrary power--to make available the common sense judgement of the community as a hedge against the overzealous or mistaken prosecutor and in preference to the professional or perhaps over conditioned or biased response of a judge.

U.S. v. DOUGHERTY, 473 F.2d. 1113, 1139 (1972): "The pages of history shine on instances of the jury's exercise of its prerogative to disregard instructions of the judge...."


20 posted on 01/22/2011 5:01:15 PM PST by cripplecreek (Remember the River Raisin! (look it up))
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