By Richard Rossi, Delaware County
In this issue of "The Firing Lines", I would like to discuss JURY DUTY. Is the Jury Duty notice letter you get in the mail is a curse or blessing? Is your first thought - how can I get out of this or is this my privilege to serve? Don't take Jury Duty lightly.
I would like to briefly speak about “JURY NULLIFICATION”. Never heard the term, don't be surprised. It is NOT something that Judges, District Attorneys, and Prosecutors readily speak about to juries or Grand Juries for that matter.
For citizens to defend against corrupt politicians and their corrupt laws, you must get on the jury. Therefore, you need to be especially careful NOT to 'tip your hand' on your knowledge of your rights concerning 'Nullification'.
When questioned, state you do not keep track of political issues and consider variously stating that you can apply the law as instructed by the court. Especially in gun related cases, be vague and don't readily state that you are a member of gun right groups or originations. Use Hillary's defense - I don't recall... I get so many requests for contributions, I just can't keep track of all of them.
While on a panel, you will at times, be forced to 'stand your ground' against other jurors - don't cave on your convictions. Jurors, for the most part, want to go home and get it over with. Holding your ground - might get additional jurors to vote along with you. Be polite and don't shout - speak calmly. Try to get the others to listen to your reasoning. However, if all fails, don't vote along with the rest. You have every right to vote 'NOT GUILTY' If your personal convictions say this is an unjust law.
Depending on the circumstances, at times - only one 'NOT GUILTY' can be the difference. Remember a 'HUNG JURY', IS better than a conviction!
However, at times, with grand juries, you might need to get more jurors on your side, as a majority might be all that is required for either a dismissal of the case or hold it over. However, if you preserve and hold to your convictions, you can make our democracy work for the common man.
Remember, instructions and oaths are designed to 'bully jurors' and protect political power - instructions and oaths are NOT LEGALLY BINDING. Your conscience is your best guide in the juror box and in deliberation room.
You must know your rights - Jury nullification is your right to refuse to enforce bad laws and bad prosecutions. Nullification is your personal veto against bad laws. Nullification is your right to veto corrupt laws from corrupt politicians.
Alexander Hamilton, an American Founder, said in 1804, Jurors should acquit even against the judge's instruction..."if exercising their judgment with discretion and honesty they have a clear conviction that the charge of the court is wrong."
Jurors have authority - when you are a juror, you have the right to decide both law and fact. You can protect yourself and friends and family by refusing to enforce bad laws. In our system of checks and balances, you, the juror, are the final judge of law and justice.
Jurors can use discretion. If the law violates any human rights, you must vote NO against that law by voting 'NOT GUILTY". You cannot be punished for your verdict. You need not give a reason.
Jurors must question the law. In American courtrooms there are 12 judges plus the one in the robe. In fact, one court ruled, "If the jury feels that the law under which the defendant is accused is unjust... 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 - (U.S. V Moylan 427 F 2d 1002, 1006, 1969).
Juries and jurors have the power over our corrupt system of laws that are being forced down our throat by political agenda's. We can stand up for our Rights and Freedoms against our legislators and judges who dictate laws that are unjust. We can take back our justice system - We the juror have the power... JURY NULLIFICATION.
The next time you receive a juror duty notice, stand up and cheer. You are one of the most powerful individuals in our country. You can make a true difference. You can take back our Rights and Freedoms. KNOWLEDGE is POWER and JURY NULLIFICATION is your weapon.
As a Law-abiding gun owner or Concealed Carry Permit hold ESPECIALLY in New York State where our Second Amendment Rights are constantly being attacked and regulated to the point that the 2nd Amendment is just words with NO meaning - this is your hour to shine. You can make the NYS SAFE Act just words without any POWER - just like they are doing with our Second Amendment Rights and Freedoms.
Your FIRST objective is to get on that jury panel. Get on that Jury or Grand Jury and vote NOT GUILTY to any and all laws that infringe our Rights & Freedoms to self defense of our loved ones or ourselves. Self preservation is a natural instinct of human mankind no government has the right to take that right away from you.
Jury Nullification may be the FINAL peaceful barrier between Law-abiding gun owners and a tyrannical government dependent upon disarming honorable citizens.
As a side note, even IF you are not a juror, you can be active. Become a 'Court Watcher'. You have a right to attend most court trial functions. Just like the 'media' you can voice your opinions in your local papers in the letter to the editor sections. You can voice your agreement or disagreement with the results (verdict) and the actions of the court officials. We still have freedom of speech. The more individuals keeping a 'watchful eye' on our judicial process the better for all of us.
The same holds true for Town Meetings, School Board Meetings and 'Town Hall' events by our representatives. When the public does not show up, it sends a message to our various boards - they can do as they please without and consequences. NO one is watching or caring. Attend, be vocal... defend your convictions. You can make a difference.
I encourage each and every one, to read and understand all you can concerning 'JURY NULLIFICATION'. Go to WWW.FIJA.ORG to read much more on this very important topic.
