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Monday, January 25, 2010
Sarah Palin's Most Important Act as Governor of Alaska?
Frank Turney with then Alaska Governor Sarah Palin. Sept. 5th 2008
Special Thanks to jury activist and executive director of the American Jury Institute, Iloilo Jones, for requesting a jury rights day proclamation from Governor Sarah Palin.
WHEREAS, September 5, 2008, will mark the 338th anniversary of the day when the jury, in the trial of William Penn, refused to convict him of violating England’s Conventicle Acts, despite clear evidence that he acted illegally by preaching a Quaker sermon to his congregation.
WHEREAS, by refusing to apply what they determined was an unjust law, the Penn jury not only served justice, but provided a basis for the U.S. Constitution’s First Amendment rights of freedom of speech, religion, and peaceable assembly.
WHEREAS, September 5th, 2008, also commemorates the day when four of Penn’s jurors began nine weeks of incarceration for finding him not guilty. Their later release and exoneration established forever the English and American legal doctrine that it is the right and responsibility of the trial jury to decide on matters of law and fact.
WHEREAS, the Sixth and Seventh Amendments are included in the Bill of Rights to preserve the right to trial by jury, which in turn conveys upon the jury the responsibility to defend, with its verdict, all other individual rights enumerated or implied by the U.S. Constitution, including its Amendments.
NOW, THEREFORE, I, Sarah Palin, Governor of the State of Alaska, do hereby proclaim September 5, 2008, as: Jury Rights Day in Alaska, in recognition of the integral role the jury, as an institution, plays in our legal system.
Frank says:
Our founding fathers gave us trial by jury to check and balance government laws, whether they come from Congress or your own state legislator. For the past 16 years Frank has been informing and educating Alaskans, young and old, about our rights and responsibilities when sitting on a jury. Judges excuse jurors in the event a juror admits he knows his jury nullification rights. As a juror, you have the right to judge the laws and the facts. Frank is also educating people about the true use of the Grand Jury - not only indictment, but the lesser known second function: presentment.
For Frank Turney's Story go here:
http://www.votefrankturney.com/ft12.html
You can not be accused of Jury tampering if you are educating registered voters who are not jurors yet.
But does the jury's power to veto bad laws exist under our Constitution?
It certainly does! At the time the Constitution was written, the definition of the term "jury" referred to a group of citizens empowered to judge both the law and the evidence in the case before it. Then, in the February term of 1794, the Supreme Court conducted a jury trial in the case of the State of Georgia vs. Brailsford1. The instructions to the jury in the first jury trial before the Supreme Court of the United States illustrate the true power of the jury. Chief Justice John Jay said: "It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision." (emphasis added) "...you have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy".
So you see, in an American courtroom there are in a sense twelve judges in attendance, not just one. And they are there with the power to review the "law" as well as the "facts"! Actually, the "judge" is there to conduct the proceedings in an orderly fashion and maintain the safety of all parties involved.
As recently as 1972, the U.S. Court of Appeals for the District of Columbia said that the jury has an " unreviewable and irreversible power... to acquit in disregard of the instructions on the law given by the trial judge. (US vs Dougherty, 473 F 2d 1113, 1139 (1972)
Or as this same truth was stated in a earlier decision by the United States Court of Appeals for the District of Maryland: "We recognize, as appellants urge, the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge, and contrary to the evidence. This is a power that must exist as long as we adhere to the general verdict in criminal cases, for the courts cannot search the minds of the jurors to find the basis upon which they judge. If the jury feels that the law under which the defendant is accused, is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic of passion, the jury has the power to acquit, and the courts must abide by that decision.
US vs Moylan, 417 F 2d 1002, 1006 (1969)
These quotes are from the Juror's Handbook, found here:
http://www.fija.org/docs/JG_Jurors_Handbook.pdf
Special Thanks to jury activist and executive director of the American Jury Institute, Iloilo Jones, for requesting a jury rights day proclamation from Governor Sarah Palin.
WHEREAS, September 5, 2008, will mark the 338th anniversary of the day when the jury, in the trial of William Penn, refused to convict him of violating England’s Conventicle Acts, despite clear evidence that he acted illegally by preaching a Quaker sermon to his congregation.
WHEREAS, by refusing to apply what they determined was an unjust law, the Penn jury not only served justice, but provided a basis for the U.S. Constitution’s First Amendment rights of freedom of speech, religion, and peaceable assembly.
WHEREAS, September 5th, 2008, also commemorates the day when four of Penn’s jurors began nine weeks of incarceration for finding him not guilty. Their later release and exoneration established forever the English and American legal doctrine that it is the right and responsibility of the trial jury to decide on matters of law and fact.
WHEREAS, the Sixth and Seventh Amendments are included in the Bill of Rights to preserve the right to trial by jury, which in turn conveys upon the jury the responsibility to defend, with its verdict, all other individual rights enumerated or implied by the U.S. Constitution, including its Amendments.
NOW, THEREFORE, I, Sarah Palin, Governor of the State of Alaska, do hereby proclaim September 5, 2008, as: Jury Rights Day in Alaska, in recognition of the integral role the jury, as an institution, plays in our legal system.
Frank says:
Our founding fathers gave us trial by jury to check and balance government laws, whether they come from Congress or your own state legislator. For the past 16 years Frank has been informing and educating Alaskans, young and old, about our rights and responsibilities when sitting on a jury. Judges excuse jurors in the event a juror admits he knows his jury nullification rights. As a juror, you have the right to judge the laws and the facts. Frank is also educating people about the true use of the Grand Jury - not only indictment, but the lesser known second function: presentment.
For Frank Turney's Story go here:
http://www.votefrankturney.com/ft12.html
You can not be accused of Jury tampering if you are educating registered voters who are not jurors yet.
But does the jury's power to veto bad laws exist under our Constitution?
It certainly does! At the time the Constitution was written, the definition of the term "jury" referred to a group of citizens empowered to judge both the law and the evidence in the case before it. Then, in the February term of 1794, the Supreme Court conducted a jury trial in the case of the State of Georgia vs. Brailsford1. The instructions to the jury in the first jury trial before the Supreme Court of the United States illustrate the true power of the jury. Chief Justice John Jay said: "It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision." (emphasis added) "...you have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy".
So you see, in an American courtroom there are in a sense twelve judges in attendance, not just one. And they are there with the power to review the "law" as well as the "facts"! Actually, the "judge" is there to conduct the proceedings in an orderly fashion and maintain the safety of all parties involved.
As recently as 1972, the U.S. Court of Appeals for the District of Columbia said that the jury has an " unreviewable and irreversible power... to acquit in disregard of the instructions on the law given by the trial judge. (US vs Dougherty, 473 F 2d 1113, 1139 (1972)
Or as this same truth was stated in a earlier decision by the United States Court of Appeals for the District of Maryland: "We recognize, as appellants urge, the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge, and contrary to the evidence. This is a power that must exist as long as we adhere to the general verdict in criminal cases, for the courts cannot search the minds of the jurors to find the basis upon which they judge. If the jury feels that the law under which the defendant is accused, is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic of passion, the jury has the power to acquit, and the courts must abide by that decision.
US vs Moylan, 417 F 2d 1002, 1006 (1969)
These quotes are from the Juror's Handbook, found here:
http://www.fija.org/docs/JG_Jurors_Handbook.pdf
Tom Woods on State Nullification of Unconstitutional "Laws"
Thomas Woods Speech - C4L Rigional Conference
Thomas Woods Jr. gives speech on "NULLIFICATION" to the Campaign for Liberty Regional Conference, Atlanta Georgia 1/15/2010.
This fits right in with Jury Nullification of bad laws, and unconstitutional laws.
See the concept of Jury nullification at http://www.fija.org/
Jury nullification is in full force and effect at law in Montana and all other states.
But the judges don't want you to know your power on the Jury. They will ask you if you will take the law as the judge gives it to you. If you answer no they will surely exclude you from serving as a juror. If you answer yes, they might ask you to take an oath to that effect, but they can not stop you from voting your conscience in the jury room. They can't stop you from nullifying bad law. They can not stop you from refusing to apply a specific statute to a specific set of facts if you decide that it is not appropriate, thereby nullifying that law.
A single nullification verdict against a particular law may or may not alter or reform the government, but thousands of such verdicts certainly do. Witness the decisive role of jury nullification in establishing freedom of speech and press in the American Colonies, defeating the Fugitive Slave Act and ending alcohol prohibition.
The concept of nullification also fits with the concept of the Grand Jury which has been subjugated to control by prosecutors and judges. Grand Juries should stand as a barrier between the over-zealous and power hungry government, over-zealous prosecutors, and We the People.
Study at http://www.americangrandjury.org/
See language on jury nullification as contained in current state law here:
http://www.fija.org/docs/JG_state_language_on_jury_nullification.pdf
See Jury power and the system of checks and balances here:
http://www.fija.org/docs/JG_Jurors_Handbook.pdf
As a juror you already have these powers. You don't have to lobby and get new laws passed. You don't have to have a judge's permission. You don't have to spend any money to have these powers. You don't have to beg any government agent for these rights and duties.
The only law we might want to pass is one the commands all judges to make sure the jury understands these rights to nullify bad law with specific language to be read to the jury before each case is sent to the jury. We might also want to have a statute that makes it a crime for anyone, including judges and prosecutors, to hide these facts from the jury.
This article should start a lively discussion in the comments section on the subject of using jury nullification and grand jury powers to reign in out of control agents of government, especially those who work in the judicial system. Please comment at the "comments" link below.
LEGAL NOTICE: The Authors specifically invoke the First Amendment rights of freedom of speech and of the press, without prejudice, on this website. The information posted on this website is published for informational purposes only under the rights guaranteed by the First Amendment of the Constitution for the United States of America. Images, text and logic are copyright protected. ALL rights are explicitly reserved without prejudice, and no part of this website may be reproduced unless by written consent. You hereby have written consent to post any individual post from this website containing this copyright to any other blog or email only if you post the whole and unaltered article including this copyright, and give proper credit to the author, and a link back to this blog at http://www.paulstramer.net/. This applies only to articles written by Paul Stramer. ©2005-2009 by Montana Business Communications (PDS) All rights remain in force. Removing this notice forfeits all rights to recourse. Copyright strictly enforced © The videos are third party and not covered by this legal notice.
Thomas Woods Jr. gives speech on "NULLIFICATION" to the Campaign for Liberty Regional Conference, Atlanta Georgia 1/15/2010.
This fits right in with Jury Nullification of bad laws, and unconstitutional laws.
See the concept of Jury nullification at http://www.fija.org/
Jury nullification is in full force and effect at law in Montana and all other states.
But the judges don't want you to know your power on the Jury. They will ask you if you will take the law as the judge gives it to you. If you answer no they will surely exclude you from serving as a juror. If you answer yes, they might ask you to take an oath to that effect, but they can not stop you from voting your conscience in the jury room. They can't stop you from nullifying bad law. They can not stop you from refusing to apply a specific statute to a specific set of facts if you decide that it is not appropriate, thereby nullifying that law.
A single nullification verdict against a particular law may or may not alter or reform the government, but thousands of such verdicts certainly do. Witness the decisive role of jury nullification in establishing freedom of speech and press in the American Colonies, defeating the Fugitive Slave Act and ending alcohol prohibition.
The concept of nullification also fits with the concept of the Grand Jury which has been subjugated to control by prosecutors and judges. Grand Juries should stand as a barrier between the over-zealous and power hungry government, over-zealous prosecutors, and We the People.
Study at http://www.americangrandjury.org/
See language on jury nullification as contained in current state law here:
http://www.fija.org/docs/JG_state_language_on_jury_nullification.pdf
See Jury power and the system of checks and balances here:
http://www.fija.org/docs/JG_Jurors_Handbook.pdf
As a juror you already have these powers. You don't have to lobby and get new laws passed. You don't have to have a judge's permission. You don't have to spend any money to have these powers. You don't have to beg any government agent for these rights and duties.
The only law we might want to pass is one the commands all judges to make sure the jury understands these rights to nullify bad law with specific language to be read to the jury before each case is sent to the jury. We might also want to have a statute that makes it a crime for anyone, including judges and prosecutors, to hide these facts from the jury.
This article should start a lively discussion in the comments section on the subject of using jury nullification and grand jury powers to reign in out of control agents of government, especially those who work in the judicial system. Please comment at the "comments" link below.
LEGAL NOTICE: The Authors specifically invoke the First Amendment rights of freedom of speech and of the press, without prejudice, on this website. The information posted on this website is published for informational purposes only under the rights guaranteed by the First Amendment of the Constitution for the United States of America. Images, text and logic are copyright protected. ALL rights are explicitly reserved without prejudice, and no part of this website may be reproduced unless by written consent. You hereby have written consent to post any individual post from this website containing this copyright to any other blog or email only if you post the whole and unaltered article including this copyright, and give proper credit to the author, and a link back to this blog at http://www.paulstramer.net/. This applies only to articles written by Paul Stramer. ©2005-2009 by Montana Business Communications (PDS) All rights remain in force. Removing this notice forfeits all rights to recourse. Copyright strictly enforced © The videos are third party and not covered by this legal notice.
PharmaMedia-gate - white collar bio-terrorism and psychological warfare
PharmaMedia To Squelch EU Council's Secret Investigation Into H1N1 Vaccine Fraud & Worldwide Genocide
By Sherri Kane on Rense.com
1-23-10
The Parliamentary Assembly of the Council of Europe (PACE) will hold a secret hearing next week into the apparent manipulation by BigPharma of the World Health Organization's (WHO) global H1N1 flu campaign. Experts predict the secrecy will be maintained by the PharmaMedia that controls mainstream news.
THIS IS THE SMOKING GUN ON H1N1 SCARE!
http://www.rense.com/general89/pharm.htm
"PHARMAGANDA: A Study of Conflicting Interests."
Watch the video here about the cheerleader who contracted DYSTONIA after a shot.
Watch the movies about half way through.
See Dr. David Horowitz's http://fluscam.com/HOME.html
By Sherri Kane on Rense.com
1-23-10
The Parliamentary Assembly of the Council of Europe (PACE) will hold a secret hearing next week into the apparent manipulation by BigPharma of the World Health Organization's (WHO) global H1N1 flu campaign. Experts predict the secrecy will be maintained by the PharmaMedia that controls mainstream news.
THIS IS THE SMOKING GUN ON H1N1 SCARE!
http://www.rense.com/general89/pharm.htm
"PHARMAGANDA: A Study of Conflicting Interests."
Watch the video here about the cheerleader who contracted DYSTONIA after a shot.
Watch the movies about half way through.
See Dr. David Horowitz's http://fluscam.com/HOME.html
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