Comments on Pro Libertate: Jury Rights Day

Actually, no juror needs to give a reason for thei...

2008-09-07T16:21:00.000-06:00

Actually, no juror needs to give a reason for their verdict: you can simply and truthfully say that you are simply not able to convict. If you want to make a comment, you can say the chief witness for the prosecution was not believable, or something equally neutral.
Sarah Palin signed our Jury Rights Day Proclamation again this year. Nice.

The California Supreme Court ruled a few years ago...

2007-09-07T00:56:00.000-06:00

The California Supreme Court ruled a few years ago that judges can dismiss jurors who are suspected of engaging in jury nullification and replace them with a more compliant and docile juror. See:

http://homepage.smc.edu/sindell_steven/AJ3%20Folder/Currentevents/aj3.jury.nullific.html

I suspect this is the case in many other states as well. I guess the moral is, if you're going to vote your conscience in the deliberation room, it's best not to be honest about it.

Great piece, Will. I also believe that jury servic...

2007-09-06T09:57:00.000-06:00

Great piece, Will. I also believe that jury service should be voluntary, as with any service to the State. However, unlike in the case of the military, jury service should be voluntarily accepted with aplomb by any citizen worth his/her salt, IMO.

The power of juries to be able to judge both law (jury nullification) and fact is a critical ingredient of self-government as Dr. Paul made clear in the last video.

The complete ignorance of citizens about this fact, among others, is also yet another sign to my mind that bona fide citizen self-government is dying, if not dead already.

But, there's always hope.

"It was awhile back, but this post made me remembe...

2007-09-05T22:46:00.000-06:00

"It was awhile back, but this post made me remember that the DA thought it was totally acceptable to bring a man to trial knowing he was innocent both morally and in the eyes of official state law."

This is, in my opinion, exactly what is happening in the case of Monica Montoya that Will wrote about a few weeks ago. (The good samaritan who helped the police by interpreting and who ended up arrested by them) I've become obessesed with the case and the prosecution is still pursuing her although it is clear to me that only a prosecutor with the bird brains and lack of decency of Michael Nifong would believe that the elements of obstruction exist in that case.

They are very careful not to let our kind of peopl...

2007-09-05T22:23:00.000-06:00

They are very careful not to let our kind of people get selected for the jury. Last time I went in, I was the first one they rejected.

http://www.prolibertate.us/index.php?blog=5&title=jury_duty&more=1&c=1&tb=1&pb=1

Will,Thanks. I didn't have time to watch the video...

2007-09-05T21:04:00.000-06:00

Will,

Thanks. I didn't have time to watch the videos earlier when I was first reading your post as I had to head out. However, I will watch the videos when I get a chance.

While I don't believe the Constitution to be any kind of authority, I am glad to know that it contains language which bans all forms of involuntary servitude, including jury duty, and I am also happy to know that you understand the importance of the ban being universal as well.

Just as you can't expect a child to become informed on any subject when he is forced to attend school, you can't expect a jury to be informed (or more importantly, care) about a trial if they are forcibly held and made to attend.

I googled some of the details, but nothing came up...

2007-09-05T17:02:00.000-06:00

I googled some of the details, but nothing came up. I remember it was out of the Miami area though. It was awhile back, but this post made me remember that the DA thought it was totally acceptable to bring a man to trial knowing he was innocent both morally and in the eyes of official state law. Oh, and it was a "test case", he used those words, for Florida's so called "stand your ground" law, which just clarified that when in public, there is no duty to try and retreat if attacked. It rightly gives the benefit of the doubt to the victim.

Zachary, that's horrible but entirely believable. ...

2007-09-05T15:30:00.000-06:00

Zachary, that's horrible but entirely believable. Could you provide me with some additional details?

Taylor, I agree that jury service should be volunt...

2007-09-05T15:29:00.000-06:00

Taylor, I agree that jury service should be voluntary; that's a point addressed in pt. 3 of the program linked to in the essay (it's near the end of the panel discussion, if memory serves).

Some advocates of military conscription contend that the draft and jury duty are natural exceptions to the ban on "involuntary servitude." My position is that the ban is universal (the language of the 13th Amendment) doesn't admit exceptions, after all) and should forbid efforts to compel jury duty.

Tragic case down here in Florida. A group of gang ...

2007-09-05T14:53:00.000-06:00

Tragic case down here in Florida. A group of gang bangers tried to run over a bystander for the fun of it. The man they tried to hit pulled out a pistol he was legally carrying and shot at the driver, who he hit.The driver later died. The state decided to prosecute him knowing he would be found innocent under Florida law. The DA said the office wanted a "precedent" and a good "test case". Well, that man was actually imprisoned for a few days, during which time the gang bangers burnt down his house. I mention all this because the whim and curiosity of a DA, turned this man's life upside down. It is amazing how much power these people hold.

Maybe jury duty would be more palatable to people ...

2007-09-05T14:34:00.000-06:00

Maybe jury duty would be more palatable to people who love their liberty if it were voluntary.

But where I live (California and New York) it appears to be another form of enslavement.