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BR YYYY True or False

BR YYYY True or False

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Published by Max McGloin
jury rights
jury rights

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Published by: Max McGloin on Sep 24, 2013
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prerogative prerogative to disregard disregard instructions instructions of the the judge; judge; prerogative to to disregard instructions ofof the

judge; for example, example, acquittals acquittals under under the the fugitive fugitive slave slave forfor example, acquittals under the fugitive slave law.” law.” (473 (473 F.F. 2d 2d 1113) 1113) law.” (473 F. 2d 1113) And And let us us never never forget forget that that in the the Nuremburg Nuremburg trials trials And letlet us never forget that in in the Nuremburg trials ofNazi Nazi war war criminals, criminals, the the defendants defendants argued argued that that of of Nazi war criminals, the defendants argued that they they were were “only “only following following the the law. law. ” The The Tribunal’s Tribunal’s they were “only following the law. ” ” The Tribunal’s response response was, was, quite quite correctly, correctly, that that they they each each had had response was, quite correctly, that they each had a personal personal responsibility responsibility to judge judge the the morality morality a a personal responsibility to to judge the morality ofthe the law, law, and and should should have have acted acted according according to of of the law, and should have acted according toto conscience! conscience! conscience!

How How can can one one person person make make aa difference? difference? How can one person make a difference?

BE ALERT! ALERT! Almost Almost everyday, everyday, new new attempts attempts BEBE ALERT! Almost everyday, new attempts are are made made to limit limit jury jury power, power, mostly mostly via via are made toto limit jury power, mostly via subtle subtle changes changes inthe the rules rules ofthe the courtroom courtroom subtle changes in in the rules ofof the courtroom procedure, procedure, sometimes sometimes by by court court decisions, decisions, procedure, sometimes by court decisions, legislation, legislation, or by by the the creation creation of special special courts courts legislation, oror by the creation ofof special courts that that do not not allow allow jury jury trials trials for for the the accused. accused. that dodo not allow jury trials for the accused. BE BE AWARE! AWARE! Thousands Thousands of harmless harmless people people BE AWARE! Thousands ofof harmless people are are in prison prison simply simply because because their their juries juries weren’t weren’t are in in prison simply because their juries weren’t fully fully informed. informed. U.S. U.S. now now leads leads the the world world in fully informed. U.S. now leads the world inin percent percent of population population behind behind bars! bars! New New New percent of of population behind bars! prisons prisons are are springing springing up up everywhere, everywhere, and and too too prisons are springing up everywhere, and too many many of them them are are filling filling up up with with people people whose whose many of of them are filling up with people whose only only “crime” “crime” was was todisplease displease the the government government only “crime” was toto displease the government “master”, “master”, not not to to victimize victimize anyone anyone (in (in other other “master”, not to victimize anyone (in other words, words, political political prisoners). prisoners). words, political prisoners). BE BE ACTIVE! ACTIVE! Tell Tell others others what what you you know know BE ACTIVE! Tell others what you know about about jury jury veto veto power!* power!* Before Before aa jury jury reaches reaches about jury veto power!* Before a jury reaches a aa verdict, verdict, each each member member should should consider: consider: verdict, each member should consider:

releases releases and and leafleting leafleting courthouses—thus courthouses—thus using using releases and leafleting courthouses—thus using our our First First Amendment Amendment right right to to explain explain how how juries juries can can our First Amendment right to explain how juries can protect protect the the rest rest ofour our rights, rights, simply simply by by acquitting acquitting protect the rest ofof our rights, simply by acquitting defendants defendants been been charged charged with with breaking breaking a bad bad law. law. defendants been charged with breaking aa bad law. *Discretion may be the better part of valor: FIJA *Discretion may be the better part of valor: FIJA *Discretion may be the better part of valor: FIJA activists have been so effective at telling jurors activists have been so effective at telling jurors activists have been so effective at telling jurors the truth about jury veto power that judges the truth about jury veto power that judges the truth about jury veto power that judges and prosecutors nowadays not only try to keep and prosecutors nowadays not only try to keep and prosecutors nowadays not only try to keep fully informed citizens off of juries, but also have fully informed citizens off of juries, but also have fully informed citizens off of juries, but also have sometimes charged those who do inform them with sometimes charged those who do inform them with sometimes charged those who do inform them with contempt of court, even with jury tampering. So, contempt court, even with jury tampering. So, contempt ofof court, even with jury tampering. So, ififif you decide to “be active”, we advise you to observe you decide “be active”, we advise you to observe you decide toto “be active”, we advise you to observe any court order directed at your leafleting or other any court order directed your leafleting or other any court order directed atat your leafleting or other educational activity, and if you you are empaneled educational activity, and are empaneled educational activity, and if ifyou are empaneled to serve on ajury, jury, not to distribute jury-power serve on not to distribute jury-power toto serve on a ajury, not to distribute jury-power educational literature to your fellow jurors. educational literature to your fellow jurors. educational literature to your fellow jurors.

Your YourJury JuryRights: Rights: Your True True or or False False ?? True

IfIf so, so, isis the the law law being being justly justly applied? applied? 2. 2. If2. so, is the law being justly applied? 3.Was Was the the Bill Bill of Rights Rights honored honored in the the arrest? arrest? 3. 3. Was the Bill of of Rights honored inin the arrest? 4. Will Will the the punishment punishment fit the the crime? crime? 4. 4. Will the punishment fitfit the crime? IsIs there there aa local local FIJA FIJA group? group? Is there a local FIJA group?

1.this IsIs this this aa good good law? law? 1. 1. Is a good law?

Call Call 1-800-TEL-JURY 1-800-TEL-JURY , and and tell tell FIJA FIJA where where to to Call 1-800-TEL-JURY , ,and tell FIJA where to send send your your free free Jury Jury Power Power Information Information Package. Package. send your free Jury Power Information Package. ItItIt contains contains aa history history of jury jury veto veto power power and and tells tells what what contains a history ofof jury veto power and tells what to do do ifif you’re you’re going going to to be be on on a jury jury (or (or facing facing one). one). toto do if you’re going to be on aa jury (or facing one). ItIt also also includes includes information information on on how how you you can can support support It also includes information on how you can support FIJA FIJA and and a a form form for for ordering ordering materials. materials. FIJA and a form for ordering materials. The The Fully Fully Informed Informed Jury Jury Association Association maintains maintains aa useful useful The Fully Informed Jury Association maintains auseful web site. It contains additional information about web site. It contains additional information about web site. It contains additional information about jury veto power, about FIJA, lists state coordinators jury veto power, about FIJA, lists state coordinators jury veto power, about FIJA, lists state coordinators and has archived files our newsletters. and has archived files of our newsletters. and has archived files ofof our newsletters.


Factual Factual information information Factual information about about Jury Jury Service Service about Jury Service

Our Our site site is www.fija.org. www.fija.org. Our site isis www.fija.org. Restore Restore liberty liberty and and justice justice by by jury! jury! Restore liberty and justice by jury! This This leaflet leaflet is distributed distributed locally locally by: by: This leaflet isis distributed locally by:

Probably—most Probably—most people people who who receive receive this this leaflet leaflet Probably—most people who receive this leaflet get get itit from from someone someone on on aa team team of local local activists. activists. get it from someone on a team ofof local activists. Local Local activists activists may may also also be be working working with with Local activists may also be working with lawmakers lawmakers for for passage passage of of FIJA FIJA legislation; legislation; others others lawmakers for passage of FIJA legislation; others my my be participating participating in radio radio talk talk shows shows or placing placing my bebe participating in in radio talk shows oror placing ads ads and and public public service service announcements, announcements, speaking speaking ads and public service announcements, speaking toother other local local groups, groups, orotherwise otherwise getting getting the the to to other local groups, oror otherwise getting the word word out. out. word out. Since Since1991, 1991,local localFIJA FIJAgroups groupsin in18 18states stateshave have Since 1991, local FIJA groups in 18 states have persuaded persuaded their their state state governors governors to to proclaim proclaim persuaded their state governors to proclaim September September 55 (the (the day day of of Penn’s Penn’s acquittal) acquittal) as as “Jury “Jury September 5 (the day of Penn’s acquittal) as “Jury Rights Rights Day”, Day”, often often celebrating celebrating itit by by issuing issuing news news Rights Day”, often celebrating it by issuing news

Fully Fully Informed Informed Jury Jury Association Association Fully Informed Jury Association P. P. O. O. Box Box 5570 5570 Helena, Helena, MT MT 59604 59604 P. O. Box 5570 Helena, MT 59604

Distributed Distributed by by Distributed by

www.fija.org www.fija.org www.fija.org 1-800-TEL-JURY 1-800-TEL-JURY 1-800-TEL-JURY
This This brochure brochure isis not not copyrighted copyrighted and and may may be be reproduced reproduced This brochure is not copyrighted and may be reproduced at at will. will. at will.

Unreviewable and and and irreversible irreversible irreversible power power power . speech.. and for the people”? Unwillingness Unwillingness toto share share power? power? Distrust Distrust ofof the the Unwillingness to share power? Distrust of the citizenry? citizenry? Fear Fear that that prosecutors prosecutors may may damage damage their their citizenry? Fear that prosecutors may damage their careers. news news news stories stories stories about about about the the the Royal Royal Royal Governor Governor Governor of ofNew of New New York York York Colony. true. opinions... of ofthe of the the people. defense. . individual. or or “bring or “bring “bring in ina in ageneral general a general verdict verdict verdict (i. Jefferson. Bad Bad Bad law—special-interest law—special-interest law—special-interest legislation legislation legislation which which which tramples tramples tramples our our our rights—is rights—is rights—is no no no longer longer longer sent sent sent here here here from from from Britain. feelings. Britain. and conscience. . master. often. by. us. would. (i. right. should. why. and and and to tofind to find find aa a verdict verdict verdict according according according to toconscience. Jurors Jurors Jurors often often often end end end up up up apologizing apologizing apologizing to tothe to the the person person person they’ve they’ve they’ve convicted—or convicted—or convicted—or to toto the the the community community community for for for acquitting acquitting acquitting aadefendant a defendant defendant when when when evidence evidence evidence of ofguilt of guilt guilt seems seems seems perfectly perfectly perfectly clear. opinion opinion opinion of ofof the the the law. of experience. They They should should never never apologetic about their verdict. ititwas it was was normal normal normal procedure procedure procedure in inin the the the early early early days days days of ofof our our our nation. or oror the the the motives motives motives of ofof the defendant affect your decision? the the defendant defendant affect affect your your decision? decision? In Ina In atrial trial a trial by by by jury. Colony. But But But our our our own own own legislatures legislatures legislatures keep keep keep us usus well well well supplied. Circuit Circuit Circuit Court Court Court of ofAppeals of Appeals Appeals held held held that that that the the the jury jury jury has has has an an an . water. facts”. secure. . times. opinions.. when when when it’s it’s it’s your your your turn turn turn to toserve. given to like ititor ”” ” Too Too Too often. They They They were were were then then then fined fined fined and and and imprisoned imprisoned imprisoned for for for acquitting acquitting acquitting Penn—until Penn—until Penn—until England’s England’s England’s highest highest highest court court court acknowledged acknowledged acknowledged their their their right right right to toreject to reject reject both both both law law law and and and fact. Why Why Why do do do most most most judges judges judges tell tell tell you you you that that that you you you may may may consider consider consider “only “only “only the the the facts”—that facts”—that facts”—that you you you must must must not not not let let let your your your conscience. conscience. It’s It’s It’s also also also why why why the the the idea idea idea of ofof jury jury jury rights rights rights is isnot is not not taught taught taught in in(public) in (public) (public) schools. may. Yes. jury. American American American colonists colonists colonists regularly regularly regularly depended depended depended on on on juries juries juries to toto thwart thwart thwart bad bad bad law law law sent sent sent over over over from from from England. conscience. held.. or toilet facilities for several without food. It isprecisely is precisely precisely their job could be done by aajudge. supplied. Independence and the American Revolution. a jury. Still..e.. England.You 3. individual. oath”. fact)”. ”” ” But But if jurors jurors were were supposed supposed tojudge to judge judge “only “only the the facts”. days. ItItwas It was was exercise exercise exercise of ofof that that that right right right in inthe in the the Penn Penn Penn trial trial trial which which which eventually eventually eventually led led led to toto recognition recognition recognition of offree of free free speech. true. experience experience experience and and and conscience conscience conscience that that that we we we depend depend depend upon upon upon jurors jurors jurors to to refuse to refuse refuse to to mindlessly to mindlessly mindlessly follow follow follow the the the dictates dictates dictates of ofa of ajudge judge a judge or orof or ofa of abad bad a bad law. “. power. ”” the the ” the court court court told told told the the the jury! jury! jury! But But But the the the jury jury decided decided to to reject bad bad law law and and acquitted acquitted Zenger. England. religious religious religious freedom. and duties as jurors than their their rights. saying they’re “soft on crime”? Ignorance of the the rights rights that that jurors jurors necessarily necessarily acquire acquire when when they they the rights that jurors necessarily acquire when they take take on on the the responsibility responsibility ofof judging judging an an accused accused take on the responsibility of judging an accused person? person? person? So. Were Were Were they? they? they? Yes. His jurors was then an illegal religion (Quakerism). . FIJA believes that “liberty and justice for all” won’t FIJA FIJA believes believes that that “liberty “liberty and and justice justice for for all” all” won’t won’t return toto America until citizens are again fully return return to America America until until citizens citizens are are again again fully fully informed of— — and using — their power asjurors. not. Yes. powers. law. They should never have have toexplain to explain explain “I wanted wanted touse to use use my my conscience. serve. to acquit in disregard the instruction on the law acquit acquit in indisregard disregard of ofof the the instruction instruction on on the the law law given by the trial judge. judge.. judges judges judges regularly regularly regularly assist assist assist the the the prosecution prosecution prosecution by by by dismissing dismissing dismissing prospective prospective prospective jurors jurors jurors who who who will will will admit admit admit knowing knowing knowing about about about this this this right—beginning right—beginning right—beginning with with with anyone anyone anyone who who who also also also admits admits admits having having having qualms qualms qualms with with with the the the law. but but but damaging. trials. nation. “. You You cannot cannot cannot be beforced be forced forced to toobey to obey obey aa “juror’s “juror’s a “juror’s oath”. fact.. rights. secure. but but his his about the juror: Itis isnot not only his right. right. like like or it not. powers. Zenger.You 2. rights. 3. We We We can can can only only only speculate speculate speculate on on on why: why: why: Disrespect Disrespect for for the the Disrespect for the idea idea ofof government government “of.. The The pages pages of ofof history history jury’s jury’s jury’s exercise exercise exercise of ofof its itsits shine upon instances the shine shine upon upon instances instances of ofof the the How How How can can can people people people get get get fair fair fair trials trials trials ififthe if the the jurors jurors jurors are are are told told told they can’t use conscience? they they can’t can’t use use conscience? conscience? Many Many Many people people people don’t don’t don’t get get get fair fair fair trials. though in in direct opposition opposition to to thedirection of of the court. ItItis These These These sound sound sound like like like voices voices voices of ofexperience. may. jurors. conscience. But ififjurors were supposed to “only the facts”. Yes.. You You may. Revolution. law.to . conscience. speech. law. His jurors was then an illegal religion (Quakerism). defense. judging judging judging both both both law law law and and and fact)”. to serve.. would would would confine confine confine the the the government government government to toits to itsits proper proper proper role role role as asthe as the the servant. citizens. But But But judges judges judges only only only rarely rarely rarely “fully “fully “fully inform” inform” inform” jurors jurors jurors of ofof their their their rights. conscience. times. saying saying they’re they’re “soft “soft on on crime”? crime”? Ignorance Ignorance ofof careers. independent independent independent feelings. conscience. wisdom. schools. hypocritically. but the the judge judge made made usus take take an an oath oath toapply to apply apply the the law law asas the judge made us take an oath to the law as given given tous. verdict. jury. though though understanding.e. ever. constitution. True True True or or or False? False? False? because because because people people people have have have individual. America’s America’s America’s founders founders founders realized realized realized that that that trials trials trials by by by juries juries juries of ofof ordinary ordinary ordinary citizens. libel. Unreviewable Unreviewable . taxpayers. jury. would. Result? Result? Result? The The The Declaration Declaration Declaration of ofof Independence Independence and and the the American American Revolution. Our Our Our third third third president.. rights. duty.e. fully fully fully informed informed informed of ofof their their their powers powers powers as asas jurors. their their job job could could be be done done by by a judge. conscience.“. Only Only Only decades decades decades had had had passed passed passed since since since freedom freedom freedom of ofthe of the the press press press was was was established established established in inin the the the colonies colonies colonies when when when aajury a jury jury decided decided decided John John John Peter Peter Peter Zenger Zenger Zenger was was was “not “not “not guilty” guilty” guilty” of of seditious of seditious seditious libel.. attack. citizens. fact.you you . you you you may may may vote vote vote on on on the the the verdict verdict verdict according according according to to your to your your conscience. hypocritically. And And And ififthe if the the judge judge judge didn’t didn’t didn’t tell tell tell them. the the the judge’s judge’s judge’s job job job is isto is toreferee to referee referee the the the event event event and and and provide provide provide neutral neutral neutral legal legal legal advice advice advice to tothe to the the jury. wisdom. water.our . often.. conscience. supplied. and and duties duties as jurors as jurors than than they are likely to be told in court.. power. 2. oath”. Still. jury. rights. . FIJA. servant. which refused tofind find him guilty ofpreaching preaching what which refused to him guilty of what which refused to find him guilty of preaching what was then an illegal religion (Quakerism). not not not the the the master. protect the rights they’d fought for for from from future future attack. hypocritically. . to conscience. jury decided toreject reject bad law and acquitted Zenger. schools. While While While no no no court court court has has has yet yet yet dared dared dared to toto deny deny deny that that that juries juries juries can can can “nullify” “nullify” “nullify” or or “veto” or “veto” “veto” aalaw. Now Now Now more more more than than than ever. So. rights. feelings. 1800s. freedom. it’s it’s it’s aarare a rare rare and and and courageous courageous courageous attorney attorney attorney who who who will will will risk risk risk being being being cited cited cited for for for contempt contempt contempt for for for informing informing informing the the the jury jury jury about about about its its rights its rights rights without without without obtaining obtaining obtaining the the the judge’s judge’s judge’s prior prior prior approval. responsibilities. the the founders founders of ofof the the new new for from future attack. but his duty. ever. libel. Afterwards.C.C. Bill of Rights. jurors jurors jurors who who who try try try to tovote to vote vote their their their consciences consciences consciences are are are talked talked talked out out out of of it of it by by it other by other other jurors jurors jurors who who who don’t don’t don’t know know know their their their rights. He He He was was was charged charged charged with with with this this this “crime” “crime” “crime” for for for printing printing printing true. put put itit like it like put like this: this: “I “I consider trial trial by by jury jury as the the only only anchor anchor yet yet this: “Iconsider consider trial by jury asas the only anchor yet imagined imagined by by man man by by which which aagovernment a government can can be be imagined by man by which government can be held held to to the principles principles of of constitution. freedom. Afterwards. . properly properly properly beginning beginning beginning with with with aafull a full full explanation explanation explanation of ofof aajuror’s a juror’s juror’s rights rights rights and and and responsibilities. or not. jurors.to . but but have to “I“Iwanted to my conscience. the the the Supreme Supreme Supreme Court Court Court in in1895 in 1895 1895 held. find the verdict according tohis his own best understanding. ”” ” held tothe the principles ofits itsits constitution. water. judgment. “Truth “Truth “Truth is isno is no no defense. Colony. What What What isisFIJA. clear. . the the the defense defense defense attorney attorney attorney often often often would. careers. judgment. them. and and and peaceful peaceful peaceful assembly assembly assembly as asindividual as individual individual rights. . master. (i. we we we need need need juries juries juries to toprotect to protect protect us! us! us! Why Why Why haven’t haven’t haven’t I Iheard heard I heard about about about “jury “jury “jury veto veto veto power” power” power” or oror “jury “jury “jury rights” rights” rights” before? before? before? During During During the the the 1800s. be be be aware: aware: aware: 1. is FIJA. judge.. fully fully nation placed trial by jury—meaning tough. to toto protect protect the the rights rights they’d they’d fought fought Afterwards. approval. people. fully informed informed juries—in juries—in both both the the Constitution Constitution and and the the informed juries—in both the Constitution and the Bill Bill of ofRights. and and conscience. The The The British British British then then then restricted restricted restricted trial trial trial by by by jury jury jury and and and other other other rights rights rights which which which juries juries juries had had had helped helped helped secure. should. responsibilities. Jefferson. days. servant. 1. the founders the new nation nation placed placed trial trial by by jury—meaning jury—meaning tough. powers.C. president. tough. informed informed of of — and and using using — — their their power power as as jurors. Something Something isdefinitely is definitely definitely wrong wrong when when the the jurors jurors feel feel Something is wrong when the jurors feel apologetic apologetic about about their their verdict. jury. recognized.. experience. fact. 2. as asin as in1972 in 1972 1972 when when when the the the D. . rights. Thomas Thomas Thomas Jefferson. . damaging. president. days. to to . and and for for the the people”? people”? idea of government “of. a law.. right. powerful powerful powerful special special special interest interest interest groups groups groups inspired inspired inspired aaseries series a series of ofjudicial of judicial judicial decisions decisions decisions which which which tried tried tried to toto limit limit limit jury jury jury veto veto veto power. In InIn fact. Why? Why? Why?Because Because Because defense defense defense attorney attorney attorney Andrew Andrew Andrew Hamilton Hamilton Hamilton informed informed informed the the the jury jury jury of ofof its itsits rights: rights: rights: he he he told told told the the the story story story of ofof William William William Penn’s Penn’s Penn’s trial—of trial—of trial—of the the the courageous courageous courageous London London London jury jury jury . court. understanding. But But But then then then . by. wisdom. “of. and and and in incolonial in colonial colonial times. find to find the the verdict verdict according according to to his own own best best duty. especially especially especially their their their right right right to toto judge judge judge the the the law law law itself itself itself and and and vote vote vote on on on the the the verdict verdict verdict according according according to toto conscience. law. law.. judgment. So. people. them. 3. D. ”” ” indirect direct opposition tothedirection thedirection ofthe the court. held. oror toilet facilities for several without food. conscience. trials. Still. nation. why. rights. you say—and say—and say—and you’re you’re you’re right. The pages history given given by by the the trial trial judge. jurors. the the the jury’s jury’s jury’s power power power to toto reject reject reject bad bad bad law law law continues continues continues to tobe to be be recognized. by. fact)”. conscience. that that that jurors jurors jurors need need need not not not be be be told told told their their their rights! rights! rights! That’s That’s That’s why. recognized. approval. and and and should. His jurors stood by their verdict even though they were held stood by their verdict even though they were held stood by their verdict even though they were held without food. law. days. damaging. D. the the the Fully Fully Fully Informed Informed Informed Jury Jury Jury Association? Association? Association? Return? Return? Return? Did Did Did judges judges judges fully fully fully inform inform inform jurors jurors jurors of oftheir of their their rights rights rights in inin the the the past? past? past? Yes. vote vote vote your your your conscience. these these these days. conscience. . in court. taxpayers. Britain. “True” “True” “True” . 1800s.You 1.When When When you you you sit sit sit on on on aa jury. Yes. Rights. toilet facilities for several days. law. they they are are likely likely to be to be told told in court. John John Adams Adams . our second second president president had had this this to say say John Adams our second president had this toto say about about the the juror: juror: ““It “ It is not only only his his right. opinions. to us. You You have have have the the the right right right to to “hang” to “hang” “hang” the the the jury jury jury with with with your your your vote vote vote ifif if you you you cannot cannot cannot agree agree agree with with with other other other jurors! jurors! jurors! FIJA FIJA FIJA is is is aa national anational national educational educational educational non-profit non-profit non-profit organization which tells citizens more about organization organization which which tells tells citizens citizens more more about about their rights. clear. or orwho or who who believe believe believe they they they “have “have “have to” to” to” reach reach reach aaunanimous unanimous a unanimous verdict verdict verdict because because because the the the judge judge judge said said said that that that aahung hung a hung jury jury jury would would would “unduly “unduly “unduly burden burden burden the the the taxpayers. fact.

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