Other Devvy Articles:
TYRANNY REQURIES AN EFFECTIVE WEAPON
June 17, 2004
"Law, as I have come to know it, is the best reasoned argument. Sadly, the courts in America have only become a cash and carry business. I've been to many court proceedings, mostly my own, and from my observations, the courts should just put a cash register at the door and as you come in, give your name and they will just assess you a bill. Courts, no longer have anything to do with the law." Don Schwarz, citizen of Massachusetts on the condition of his state's court system.
"Courts no longer have anything to do with the law." What a profound statement and a state of affairs that the people must correct before these black robed judges completely destroy our freedoms and finish ripping the U.S. Constitution to shreds.
Millions and millions of Americans are fed up with the condition of America's court systems, both state and federal. The outrage over judicial activism grows louder as unconstitutional decisions continue to be issued from benches across the Union. What has been the response from our paid public servants in Congress regarding federal judges? Nothing but phony political rhetoric, silly hand wringing and more excuses like blame the other party.
These unconstitutional decisions in turn are used against citizens charged with alleged crimes, i.e. a federal circuit rules that the right to own and carry a gun isn't an individual right. Along comes Miss Jane Q. Public charged with carrying a hand gun for protection against two legged predators and a county or state government will use the prior unconstitutional decision to prosecute Miss Public even though she is exercising her Second Amendment right that no government or court can take away. The prosecutor will tell the jury that other 'Gods on the High Bench' have already ruled that Miss Public doesn't have this individual right and most juries will simply convict because they are instructed not to think.
One of the ten greatest failures of the U.S. Senate over the past 100 years has been the utter and complete dereliction of their duty to remove bad federal judges from the bench. Members of the Democrat and Republican parties have sat back on their corrupt backsides allowing gross injustices to be heaped upon Americans by activist judges and yet, the party faithful continue to run to the polls every six years to elect the same counterfeit senators who allow this travesty to continue for the sole purpose of making their "party" the majority. It truly is insane and it's killing this Republic.
Unless and until people are willing to recognize the enemy, they will never win the war. With the exception of Ron Paul, Congress is not your friend and neither is the federal bench. They have evolved into enemies of freedom. Federal judges today are twisting the law to sanction everything from immoral perversions to furthering the totalitarian agenda of the world masters who jerk the strings of the White House and the U.S. Congress.
Bringing judicial tyranny to a halt
Having said all that, what can the American people do about judicial tyranny destroying the rights of Americans and tearing apart the Constitution? At the state level, many remedies are available depending on how your state judges get to the bench, i.e. elected vs. appointed. The organization J.A.I.L., fondly referred to as "Jail for Judges," has been attempting to get a judicial accountability act passed in the states of the Union for almost a decade.
This effort deserves everyone's participation because of the impact it can have in curbing bad decisions from state and county judges. Naturally, the efforts of all the fine Americans involved with J.A.I.L. have been met with rock solid resistance from judges, the media and other special interest groups who no longer care about the law, only power. However, the real power still lies with the American people if they will just get off the dime and work towards a cure instead of more treatments.
Since the U.S. Senate refuses to do anything about removing arrogant, corrupt federal judges, it is up to the people to stop the insanity. There is one single weapon the American people have at their finger tips that few know little about, but that can stop judicial tyranny at both the county, state and federal levels: jury nullification. All over this nation, every day of the week, average Americans are selected for jury duty to decide the fate of their fellow citizen. They are instructed by judges, in collusion with unscrupulous prosecutors, to do what they're told. In other words, check their brain at the door and convict. Little do these individual jurors realize the power they have and they must find the courage to exercise it in the name of real justice.
Jury nullification costs nothing to learn about except some time. It's power is awesome.
Jury nullification occurs when a jury returns a verdict of "Not Guilty" even though they believe the defendant is guilty of the violation charged. In effect, the jury nullifies a law it believes is either immoral or wrongly applied to the defendant whose fate and freedom they are charged with deciding. According to the popular 'Jurors Handbook':
A Jury's Rights, Powers, and Duties:
"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. Brailsford (3 Dall 1). 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)."
How to use this powerful tool
The answer is to educate tens of millions of Americans about their power as a juror. Whether they sit on a jury for someone accused of a crime under the income tax laws, an American exercising their God given right to carry a gun, an employer charged for refusing to withhold taxes from his employees paychecks, a farmer charged by the EPA for killing a bug on his farm, - you name it: if you're a juror sitting on a jury, you have the power to nullify and set the individual free. Tyranny gets checked at the door and if enough Americans begin to exercise this tremendous power, both at the county, state and federal level, prosecutors will stop prosecuting because they know they can't convict. Think about it.
How do you reach tens of millions of people? Not difficult. Add up the memberships of organizations like the NRA, GOA, The Heritage Foundation, Eagle Forum, Christian Coalition of American, the Southern Baptist Association, political parties, i.e. Constitution Party, organizations headed up by Patrick Buchanan, Dr. Alan Keyes, pro private property protection rights and the list goes on. You're talking tens of millions of members.
If all of these advocacy groups and organizations would just take the time to post a special section to their web sites on jury nullification (FIJA's web site is best) and mail out a one page flyer directing their memberships not on line to excellent publications, just think of the impact those tens of millions of Americans would have! Tens of millions of Americans who know they have the power to derail judicial tyranny whether it involves a defendant being charged with willful failure to file an income tax return to the beleaguered farmer being turned into a con over a dinosaur rat! Acquit!
If you belong to any group or organization in this country, please write, call or meet with their decision makers. Tell them that we the people still have the power to stop the destruction of our God given rights by using this powerful weapon called jury nullification. Tell the organization's leadership that it's their duty and obligation to make an all out, very public effort to educate their membership on jury nullification. Obtain some of the FIJA brochures and give them out to your friends, neighbors, family, business colleagues and customers. Put a stack of them on the counter at your business.
If Americans really want to have an impact, if they really want to stop these out of control judges, we can do it if everyone will just take the time to learn about jury nullification and spread the word across this country like a tidal wave. Continuing to elect the same do-nothing politicians or writing letters to a career politician will not and has not accomplished one single reform in this area. Stop doing what doesn't work and begin using the one tool that will work. You have the power.
© 2004 Devvy Kidd - All Rights Reserved
Devvy Kidd authored the booklets, Why A Bankrupt America and Blind Loyalty, which sold close to 2,000,000 copies. Has been a guest more than 1600 times on radio shows, ran for Congress twice and is a highly sought after public speaker. Devvy is a contributing writer for www.NewsWithViews.com Devvy's web site is: www.devvy.com; is sponsored by El Dorado Gold; e-mail is: email@example.com
"Millions and millions of Americans are fed up with the condition of America's court systems, both state and federal. The outrage over judicial activism grows louder as unconstitutional decisions continue to be issued from benches across the Union."