THE FULLY INFORMED JURY ASSOCIATION

(Part 1)
Nullification Returns Power to Juries--Where It Belongs
By Alexander Daube

We Americans, sadly, live in a day of ever increasing government control over our lives. Many people are frustrated and fed-up with their ever shrinking sphere of freedom and are looking for ways to protect themselves from government abuse.

Look no further. The answer lies in a relatively obscure subject known as 'jury nullification' or 'jury veto-power'.

Jury nullification is the power and right of jurors to find the verdict according to their consciences and to judge the law as well as the facts in all criminal trials. Jurors have had this power to nullify bad law since our nation was founded and it used to be standard practice for judges to inform them of this. This practice was stopped in the 1890's and from that time on, ignorance regarding jury rights has been spreading.

This ignorance has allowed judges to exercise near-absolute power in the courtroom. In defiance of history and justice, most judges today tell jurors that they cannot judge the law or use their consciences--they can only judge facts. This is a tyrannical usurpation of power by the government. The ability of juries to act as a check on unreasonable government powers and laws is foundational to our free society. Here's some history:

Back in Colonial days there was a law which said that the Church of England was the only legal church. A Quaker preacher named William Penn ignored the law and preached a Quaker sermon. He was arrested. The jury, in defiance of an unjust law and the judges' instructions, found him not guilty. The judge was furious so he fined the jury and threw them in jail. Finally, England's highest court had them released--acknowledging and establishing that trial jurors could not be punished for their verdicts. This effectively established freedom of religion in the colonies.

Another case involved a journalist named John Peter Zenger. He broke the law by printing an article accusing the Royal Colonial Governor of New York of corruption. He was arrested and tried for sedition. In defiance of the judge's orders and the law, the jury refused to convict Mr. Zenger. Thus, freedom of the press was established.

It was because jurors voted their consciences--in defiance of bad laws and judges' instructions--that today we enjoy freedom of religion, freedom of the press, right to assembly, etc. The power of the jury to judge the law was well established by our founding fathers and other important people in the early days of our country. Consider these examples:

"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." --Thomas Jefferson

"Jurors should acquit even against the judges' instruction...if exercising their judgment with discretion and
honesty they have a clear conviction that the charge of the court is wrong."
--Alexander Hamilton

"The jury has a right to judge both the law as well as the fact in controversy." --John Jay, first Chief Justice of the U.S. Supreme Court

"It is not only his [the juror's] right, but his duty...to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court." --John Adams, second U.S. President

There are many more such quotes but I believe these are sufficient to prove the point. Jurors have the absolute, unquestionable right to judge the law as well as the facts and to vote according to their consciences. Even in this century there is a good example of jurors exercising this right. Remember prohibition? The law made alcohol illegal but so many people disagreed with the law that there was usually at least one pro-alcohol person on any jury which tried people for alcohol-related offenses. Thus, offenders were rarely convicted. Even with the anti-alcohol law on the books it became impossible for the government to enforce it. Through the power of juries, the people spoke and that unpopular law was eventually repealed.

Today unfortunately, in an arrogant defiance of justice, judges routinely remove anyone from the jury who disagrees with the law or might want to vote according to conscience. This is a horrible usurpation of power by judges and needs to be stopped.

Some states have adopted constitutional amendments or have enacted laws protecting jurors' rights to vote according to their consciences. Unfortunately, Colorado is not one of them. In the Denver area a juror named Laura Kriho was recently arrested by the judge for voting according to her conscience. Our court system has degenerated back to the point where William Penn found himself so many years ago. We've come full circle. Government abuse and oppression is actually worse now than when King George III was our ruler, and the tyranny is growing.

Make no mistake--as our government continues to degenerate into despotism it will eventually become illegal to write articles like this one. It will be considered sedition, and even having a copy will get you thrown in jail as an enemy of the state. Every concerned American needs to become involved in restoring our freedom now--while there is still time.

For a free Jury Power Information Kit call the Fully Informed Jury Association at 1-800-TEL-JURY or visit our Web site at www.FIJA.org Feel free to call this writer at (719) 473-4241 to help with our fight for freedom in the
Colorado Springs/Denver area.


FIJA (Part 2)
Juries Have the Power to Rein in Government
By Alexander Daube

America is at war. Our nation is locked in a war for ideas that will end with either a return to true freedom and limited government, or rule by despots. While most Americans have their heads in the sand, our government is progressively reducing our rights to mere privileges and our constitutional guarantees to confetti, with no end in sight.

One crucial battlefront is our right to a fair trial by jury, as guaranteed by the Sixth Amendment. Our Founding Fathers knew that one of the main purposes of jury trials was to protect people's rights from infringement by the government. To quote Thomas Jefferson: "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." That means it is a jury's duty to hold government power in check and insure that it doesn't overstep its constitutional limits and violate the God-given rights of citizens. How? Jurors can "just say no" to bad laws by refusing to convict people accused of violating them. Lysander Spooner said, "It is also their [the jurors'] right, and their primary and paramount duty, to judge of the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive." That power is called jury nullification or jury veto-power and it is foundational to our freedom as Americans. That hasn't changed.

What has changed is that today, self-serving, power-hungry politicians and judges no longer want us to have that right. To that end they have twisted and corrupted the jury system to the point where justice can be manipulated and juries are reduced to a pathetic group of "yes men" (and "yes women"--don't feel left out) who will, like good little puppets, obey the judge and not let trivial matters like a defendant's Constitutional Rights stand in the way of a conviction. The process of voir dire (jury selection) is now routinely used to remove any jurors who would dare to question the law or use their consciences in determining a verdict. This, quite simply, is an act of tyranny against the American people. When a judge makes jurors swear to uphold the law as he gives it to them, that is an usurpation of power--an act of tyranny! When a judge tells jurors what they can or cannot discuss in the jury room, that is an usurpation of power--an act of tyranny! When a judge refuses to allow a defendant or his counsel to argue the law, its interpretation and its validity to the jury, that also is an act of tyranny! When a judge refuses to allow the accused to present important evidence or expert testimony for his defence, that, too, is an act of tyranny!

Incredibly, these crimes against American citizens are committed routinely by judges all across America. The case of Channing Wilson of Durango, Colorado, who was railroaded into a conviction by a corrupt judge named James M. Robb, comes to mind. Without even looking at the evidence, Judge Robb refused to allow Mr. Wilson to present any of the twenty-six exhibits he had prepared--including a copy of the U.S. Constitution--and refused to allow either of the two expert witnesses, who had been flown in from out-of-state, to testify! In other words, Mr. Wilson was not allowed to defend himself! It is very unlikely that Judge Robb, who has since retired to Grand Junction, will ever be held accountable for these crimes because the judicial system has become so utterly corrupt. Meanwhile, Mr. Wilson languishes in a federal prison in Longmont.

Things are no better here in El Paso County, Colorado. This writer mailed information about jury nullification to judges Thomas Kennedy, Larry Schwartz, Stephen Sletta, Geoffrey DeWolfe, Caroline Benham, Rebecca Bromley, Barney Iuppa, Lawrence Martin and James Patterson, asking them to call or write to discuss this important matter. Not one of them even bothered to respond.

What We The People have to understand is that we can't count on judges and other government officials to protect our rights. Attacks on property rights, parental rights, gun rights, privacy, even free speech and freedom of the press, are escalating. Jury nullification--our last peaceful line of defense against government tyranny--has never been needed more. It's high time that We The People "reminded" our government that we don't exist to serve it- we created it to serve us! Let's begin by reclaiming our lost jury rights. Freedom isn't free--and it isn't guaranteed to last.

Learn more by calling the Fully Informed Jury Association (FIJA) at 1-800-TEL-JURY or visiting our Web site www.FIJA.org. Please also call this writer at (719) 473-4241 (or write: address is on FIJA Web site) to help with our fight for freedom locally.


FIJA (Part 3)
Gun Freedom Now!
By Alexander Daube

Most gun owners are aware of the myriad gun-control laws which plague our nation and violate our Constitution. We are frustrated that more of these asinine laws continue to get passed every year. However, what most people don't know is that we can protect each other from these laws using a simple, traditional right that has been with us since our nation was founded.

Our Founding Fathers understood that one of the main purposes of jury trials was to protect people's rights from infringement by the government. To quote Thomas Jefferson: "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." That means it is a jury's duty to insure that government doesn't overstep its constitutional limits and violate the God-given rights of citizens. How? Jurors can "just say no" to bad laws by refusing to convict people accused of violating them. Lysander Spooner said, "It is also their [the jurors] right, and their primary and paramount duty, to judge of the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive." That right is called "jury nullification" or "jury veto-power" and it is foundational to our freedom as Americans.

Today, however, this right is being trampled by judges in most states in America. Judges will tell jurors that theycannot use their consciences in determining a verdict; that they can consider only the facts of the case and must obey the law as he gives it to them. In short, they lie.

What can we do to regain our rights? Two things.

First, we can join together and work to change the judicial procedures at our state, county and city levels. Concerned gun owners can mail prepared letters (or write their own) to their representatives and legislators, and even help hand out Fully Informed Jury Association (FIJA) literature at court houses. Despotic judges HATE that.

Second, until we are able to get the laws and procedures changed we can use the time honored practice of peaceful civil disobedience. Let me explain.

We The People of the United States created government to serve us and protect our rights. When it fails to do so it is violating its covenant with us and then it is our right--indeed our duty-- to step in and take action. If you doubt thisthen simply read the Declaration Of Independence. When judges remove people from juries who understand their rights as jurors, or force jurors to take an oath to obey the law as the judge gives it to them, those judges are acting as despots and tyrants. We need not obey them.

Say whatever you have to say to get on the jury. Since judges have no right to ask prospective jurors most of the questions they ask, we are not under any moral obligation to tell the truth. If you are asked if you own a gun, say no. If they ask if you have any pro-gun bumper stickers on your car, you don't. If you are worried about them checking on your car in the court house parking lot, just park somewhere else. You don't belong to any gun clubs and you're not an activist. Present yourself as a middle-of-the-road, average American, who doesn't have any strong feelings about gun issues, jury rights, the U.S. Constitution, or freedom. Like good American sheeple you will, of course, agree to obey anything the judge tells you. Just don't say "baah" during the questioning--that might give you away.

Of course, anyone who practices civil disobedience takes the risk of being found out, and in this case it is possible, though unlikely, that after the trial the judge could find out that you lied and bring charges against you. Nobody ever said that fighting tyranny was safe or easy, but if we're not willing to fight for our rights then we don't deserve them.

Once on the jury, determine whether the defendant is guilty of a mere technical violation of some asinine firearms law and is therefore innocent, or if he has harmed someone without cause using a firearm and is therefore guilty. If you think he's innocent you have two choices when you are sent to deliberate in the jury room.

If you're brave you might want to try to convince your fellow jurors to find the defendant innocent. This may entail educating them about jury rights, the U.S. Constitution, the Second Amendment, etc. However, using this method you run the risk of a jury member telling the judge and getting you cited for contempt of court for not "obeying" the judge's instructions. Welcome to police-state America.

If you're not that brave then you can simply refuse to convict. However, since power hungry, judicial despots recently made "failure to deliberate" a reason to remove an obstinate juror from the jury, you need to do this properly. You can tell the other jurors that you're not convinced by the evidence; that you don't believe the testimony of the cops or the witnesses (you got the impression that they weren't telling the whole truth, that they were holding something back or lying); that you don't believe the defendant's confession. You have the right to disbelieve any and all testimony. As long as you give any of these reasons for voting "not guilty", you cannot be removed from the jury. Neither the jurors nor the judge can force you to explain any more than this. Even if all the other jurors want to vote guilty, your vote will "hang" the jury and the defendant cannot be convicted.

Jury nullification is our last peaceful line of defense against government tyranny, and it has never been needed more than today. It's high time that We The People "reminded" our government that we don't exist to serve it--we created it to serve us! Freedom isn't free--and it isn't guaranteed to last.

Please also join the Fully Informed Jury Association (FIJA) to help fight for jury rights nation wide. Call them
at 1-800-TEL-JURY and visit their Web site, www.FIJA.org. If you live in the Colorado Springs/Denver area, feel
free to call me at (719) 473-4241 (or write: address is on FIJA Web site) to help with our fight for freedom
locally.

BIOGRAPHICAL INFO
: Alexander Daube is an Area Coordinator for the Fully Informed Jury Association. Alexander lives in Colorado Springs, Colorado, with his wife, Julie, who is author of the apocalyptic, pro-freedom novel, "The Shadows of Babylon." Hyperlink: http://www.publishamerica.com/shopping/shopquery.asp?catalogid=1307 Alexander's passion is to restore justice to the courts. His articles have appeared in the Colorado Springs Gazette, The Free Press, and The Price of Liberty.

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