Copyright 1994-2008, Dwight M. Callaway
THE JURY REVOLUTION
WHY JURY NULLIFICATIONS WILL
The renaissance of true trial by jurors who know they can nullify or veto any bad law will have many direct benefits upon our nation:
The gradual precipitation of a peaceful Jury Revolution
The eradication of most unpopular, foolish and oppressive laws and regulations
The drastic reduction of government abuse of power and mistreatment of citizens
The profound reduction of power in the hands of government employees and the return of this power to the rightful owners the people
And it will have even more dramatic indirect and long-term effects:
Slashing the size, budget and power of most bureaucracies; closing the worst down entirely
Forcing politicians to work for the people instead of special interest groups and bureaucrats
Slashing spending and taxes. Saving billions of dollars of the taxpayers money
Helping to awaken a sense of good citizenship among the people
Driving the corrupt, criminal and defective out of politics and government employment
THERE IS NO LEGITIMATE DEBATE ON THE CENTRAL QUESTION
Judges are caught red-handed in a huge lie. On the fundamental question of whether or not the jury has the power to veto or nullify (in the case they are hearing) any law that violates the jurys conscience, there is no real debate possible. This is why lawyers and judges try to ignore and evade the Jury Education movement, at all costs. If they enter into a fair public debate outside the courtroom with a well-informed, articulate and reasonably experienced Jury Educator they will be badly beaten and humiliated, every time.
FACT: Judges may not and do not overturn a verdict of not guilty in criminal trials, even when the defendant freely admits he broke the law. A jury veto is absolute and final. To be sure, judges will try hard to prevent a jury veto by various bluffs and subterfuges: Jury tampering instructions; an invalid and unenforceable jury oath to accept the law as written, to ignore conscience and common sense; and various other tricks. All of the judges tricks are in fact Jury Tampering, which is a felony. How can judges get away with doing what would be crimes for other people to commit? Simple, they have hijacked the legal system and set it up to their liking.
Judges do try and pressure jurors to return to the jury room and to change their verdict to guilty. To defeat a judge who would try this or similar tactics, all jurors have to do is to say to the judge: "Your honor, with all due respect, our verdict is final. Then the jurors could just fold their arms and smile at the judge!
A crime has been committed against the people by judges and lawyers. The crime continues and a cover-up is in effect -- possibly the greatest political scandal of American history. However, all we have to do to defeat the judges and the lawyers is to educate enough people about the legitimate power of the jury, as we expose judges who manipulate and tamper with jurors.
The greatest statesmen and jurists in American history have stated very clearly the rights and powers of the jury. Anyone who doubts this merely needs to review one of the several available lists of Quotations supporting jury nullification ; The History of Jury Nullification. Also available are excellent shorter introductory articles about jury nullification: Article 1 ; Article 2
Below are just a few of the shorter quotations supporting nullifications. It should be pointed out to any judge who attacks jury nullification, that he is in effect calling these men (and many others) liars:
John Jay, the first Chief Justice of the U. S. Supreme Court stated in 1789: "The jury has the right to judge both the law as well as the fact in controversy."
Samuel Chase, U. S. Supreme Court Justice and signer of the Declaration of Independence, said in 1796: "The jury has the right to determine both the law and the facts. "
U. S. Supreme Court Justice Oliver Wendell Holmes said in 1902: "The jury has the power to bring a verdict in the teeth of both law and fact."
Harlan F. Stone, the 12th Chief Justice of the U. S. Supreme Court, stated in 1941: "The law itself is on trial quite as much as the cause which is to be decided."
In a 1972 decision (U. S. v Dougherty, 473 F 2nd 1113, 1139), the U.S. Supreme Court said: "The pages of history shine on instances of the jury's exercise of its prerogative to disregard instructions of the judge."
--Thomas Jefferson said: "The juries [are] our judges of all fact, and of law when they choose it." And if it be one of those (cases) in which the judges may be suspected of bias, the jury undertake to decide both law and fact. And "I consider trial by jury as the only anchor yet devised by man, by which a government can be held to the principles of its constitution."
As a juror in a criminal trial you have the right, the power and the duty to vote as your conscience and common sense dictate The conscience of the juror is the primary reason we have trials by jury! You do not have to enforce any law that is repugnant to you.
The judge may try to deceive, manipulate and bluff you. But no judge can stop you from voting your conscience in direct disobedience to any oath, instruction, lecture or other manipulation. You cannot be overturned by the judge; you cannot be punished by the judge in any way (except possibly with an angry tirade, if a judge chooses to make a fool of himself).
You merely have to know your rights and understand the judges game going in. It is, of course, best if everyone on the jury knows about Jury Veto Power before the trial. But it isnt necessary. And only a couple of people on the jury need to be somewhat sophisticated about the game of covert jury intimidation and manipulation played by the judge. Even one educated, confident and reasonably articulate juror can teach all the rest, at the appropriate time.
You wield more power as a juror in an important case than you will probably ever wield at any other time in your life. You could wield more beneficial power as a juror in an historic case than millions of Americans will ever enjoy!
Being on a jury is big deal. It can be an immensely empowering and satisfying life experience for you. On a jury you can literally transform the nation and make history. Learn your rights and powers and be there!
These and other similar statements are easy to understand by almost anyone. Once the background supporting facts are presented, they are readily believed by conservatives and libertarians and honest liberals. Even those people who on first casual exposure to jury nullification, reject the message as too revolutionary or radical, will remember later in the jury room, if the law and government behavior in question seems dictatorial, unjust or foolish to them.
Other issues or movements, of necessity, often depend upon complex information, which is difficult for many people to understand.
There is no tax hike hidden in the Jury Education concept or movement. To the contrary, one of the indirect effects of a Jury Revolution will be to slash both government spending and taxes. The size, budget and power of many bureaucracies will be reduced, in some cases drastically. Our prisons will hold only real criminals, and this alone will save the taxpayers many billions annually.
Not a single politician need support the Jury Education movement for it to succeed. This is further proof of the unique opportunity we have. We already have the right and the power to nullify bad laws; we only need for a critical mass of the American people to understand this power.
Many worthwhile reform movements fail precisely because not enough politicians have the courage and wisdom to enact them. Our so-called leaders are subjected to great pressures and temptations that few withstand. Getting courageous action and fundamental reform out of politicians today has become almost impossible, especially when the opponents to the reform are wealthy and politically connected and they can pay lobbyists and politicians millions.
Isnt it refreshing and freeing to find a concept so powerful, so beneficial and yet not have to need politicians at all to achieve total success? We only need to continue our grass roots public education, and multiply our educational program by using the media, the Internet and other means.
Of course, many politicians are supportive. Even a few lawyers, retired judges and law professors are publicly supportive. Many criminal defense lawyers offer secret encouragement to the Jury Education movement. All of these provide useful and appreciated advice and support. But they are not needed.
Trying to stop some undesirable and freedom-stealing new legislation or regulation from being passed is, by definition, being on the defensive.
Jury Education is permanently on the offensive, creating the condition where a law must be supported and desired by most of the people to ever be enforced again. Every single citizen who learns of his or her rights, powers and duties as a juror puts us one step closer to our goal. Nothing that judges and lawyers do can stop us. (In fact, most of what judges and others do to attack jury nullification only moves us closer to our goal) Our success is cumulative over time we never have to start over.
In any endeavor, you can only win on the offensive. If you are always on the defensive, you can only postpone ultimate defeat and disaster. And you slowly slide into defeat; it is inevitable.
Fighting legislation, for example, can cost millions of dollars and millions of hours of volunteer time. Being on the defensive drains emotional energy. It grinds your supporters up and burns them out. That is what your opponent is counting on. That is why he was smart enough to position himself on the offensive and stay there. Bad legislation that you defeat one year comes back the next year and the fight starts all over again just to keep the progress that has been made, not to gain anything new. Eventually your people get tired and quit and the freedom-stealing legislation passes.
This has been the pattern for every loss of freedom and expansion of government power forced on America for the last 100 years. It is not a coincidence that this gradual slide into big, expensive and abusive government and loss of freedoms started about the time of the infamous (Sparf and Hansen vs. U.S.) Supreme Court (split) decision of 1894, where judges were essentially given permission to not tell the jury of their power to nullify or veto bad laws. The majority also opined that nullification was not a right of the people, but merely a power (that judges were powerless to stop). (Here judges are transparently wrong! Anything that people can do openly, and not be punished for it is a right! The simple logic of this escapes judges.) Since 1894, because of the peoples ignorance and passivity, judges have dared to shift from failing to tell jurors about their power, to actively lying, bluffing and flagrantly tampering with the jury.
Consider the National Rifle Association, potentially the most powerful citizen organization in America. Although referred to as the powerful gun lobby by the gun haters, the NRA is in reality weak and is slowly losing. This is because they have been too stupid and uncreative to position themselves on the offensive. The NRA is also guilty of a couple of other just as basic errors or failures. In general, the forces of liberalism (socialism; statism) are usually on the offensive and the forces of conservatism (freedom; limited government) have been so naive, they remain on the defensive. This situation can easily change and the Jury Education movement can and should lead the way to victory by putting itself on the offense at all times.
In 1789, Thomas Jefferson wrote in a letter to Thomas Paine: I consider trial by jury as the only anchor ever yet imagined by men, by which the government can be held to the principles of its constitution.
Jefferson understood that jury nullification is the Achilles heel of bad government. As you continue to read this, so will you.
Because the Jury Education movement operates outside the courtroom, beyond the judges power to crush freedom of speech, we have another great advantage. We dont have to go into court and attempt expensive and often futile lawsuits or the like. We do not have to lobby corrupt and cowardly legislators either. Instead we operate in the realm of public education, publicity, talking to the media, using the Internet, talk radio, conducting demonstrations in front of the courthouse and in many other places. We have free speech, and we can leverage that free speech in creative ways to bring powerful societal condemnation and extremely painful psychological pressure upon judges.
For instance, we dont have to limit our public education and demonstrations to the courthouse or other government buildings. Judges are guilty of lying to jurors, jury tampering and other serious crimes and moral infractions. Judges are trapped in immoral behavior, which damages them, their families and our nation. Therefore, we can and should engage in a moral intervention upon judges. To do this we can expose, embarrass and humiliate all judges for their dishonesty and abuse of power. The Jury Education movement can and should routinely expose judges for their lies and misbehavior by picketing in front of churches, schools, civic clubs, cultural events, etc. that are frequented by judges, their families and closest friends. Judges can and should be shamed everywhere they turn and by every one they meet.
Do not feel sorry for judges. Remember, many judges now use shame routinely upon people they convict in their courtrooms. Judges include provisions in their sentencing designed to publicly shame and humiliate the convicted person for his crime and make an example out of him to the community. The Jury Education movement should routinely use the same strategy on judges. Whats good for the goose, is good for the gander.
Judges are very vulnerable here; this is their Achilles heel. Judges, more than most people (and sometimes their wives and mothers and children), are very concerned about their good name and prestige in the community. Many judges are mediocre lawyers who wanted to become judges so they could feel better about themselves and have more prestige. When you expose the judges immoral behavior to his closest friends, you take all these advantages of being a judge away. You are making the judges motive for being a judge (to be respected and admired) a motive to tell the truth to the jury. You are also potentially drafting the judges family and close friends into forcing the judge to tell the truth. If the judges abuses and lies in court cause his wife to be humiliated in front of her friends, what do you think will happen to that judge and in his own home! The judge has absolutely no defense against this. This is emotional leverage and it creates infinitely more pressure on judges than picketing in front of the courthouse or similar actions. Every other judge who hears about another judge being disowned by his family and banished by his friends will wonder what his friends and family are thinking and saying about him.
We can and should demonstrate and leaflet in front of a judges church, in front of his kids school, in front of his mothers house, in front of his civic and social clubs. To pressure all judges as a group, we should leaflet and demonstrate at all important civic and cultural events. This would include the symphony, opera, theater, charity fundraisers and galas, etc. We can easily and inexpensively exert societal pressure and leverage upon judges that forces them to reconsider whether their lies and usurped power are worth it . It is lawful, moral and even biblical to take such actions. See Mathew 18: 15-17. (A one-page flier entitled Your Friend is a Judge is available from the author to help implement this strategy.)
Learning that you have real power and influence that no one can take away from you is always good news. Therefore, the Jury Education message is encouraging and empowering for people to hear and understand.
Today, too much of what we hear of an expos nature is problem, problem, PROBLEM! Often, with no real and effective solutions even suggested. What such information does to many people is to turn them off to the issues, depress them or make them cynical. It has been said (by a cynic) that the day that most people wake up to what is going on is the day that they give up trying to do anything about it. Unfortunately, there is a lot of truth to this. But perhaps the reason for this tendency to quit or give up is not inherent within the people hearing the message, but rather in the thoughtless and often toxic messengers of doom and gloom, who only talk about problems but have no good solutions?
Isnt it time people stopped studying, bemoaning and broadcasting endless problems while doing nothing effective to solve a single one? Too many people have inadvertently become experts on why nothing can be done, often because they are unaware of any solutions, or because they are chronic victims of negative thinking.
Jury nullification is a powerful solution to a whole spectrum of problems. While nothing is a panacea, Jury Nullification and the Jury Education movement are perhaps the best, the most powerful and the most available single solution out there.
The news of freedom-stealing laws being struck down by a Jury Veto of 12 ordinary people will be received enthusiastically and even gleefully by millions of people. Events like this remind people how powerful they are also. Jury Nullification actually teaches people that we are superior to government. We are above the politicians, the bureaucrats and the judges. We are in charge! This is how Self-government is supposed to work!
The jury which is the most energetic means of making the people rule, is also the most effective means of teaching it to rule
Alexis de Tocqueville Democracy in America
The Jury Education message can actually heal apathy, depression and cynicism at least of a political nature. The understanding of the awesome power of the jury makes people want to get on a jury, rather than duck jury duty.
The real reason so many people try to duck jury duty is because judges and lawyers are guilty of systematic lying, jury tampering and manipulation and this rightfully makes people angry and resentful.
People do not want to participate in any activity where they have no power and are routinely controlled, manipulated and played for fools. People do want to participate whenever they have real power to beneficially affect the outcome.
The real reason for any bad jury verdict such as in the O.J. Simpson trial is because of the misconduct, cowardice and incompetence of prosecutors, lawyers and especially judges. When you treat people like fools and children; they will get even. They will act like children. They will misbehave and bring in corrupt verdicts. (More on this in Why Jurors Misbehave)
When a person comes to truly understand and internalize his rights, powers and responsibilities as a juror, there can occur within him a fundamental change in his general attitude towards government and towards citizenship. He no longer sees himself as without power and at the mercy of abusive bureaucrats. He is no longer as likely to be frustrated by weak and stupid politicians. He no longer sees himself as a permanent victim of government. Never again will he fear government. He knows he can wield real power to fundamentally change government. He knows he is senior and the politicians and bureaucrats are junior. Jury nullification is his evidence and a nationwide Jury Revolution of millions of nullifications is absolute proof.
JURY EDUCATION HAS BROAD SUPPORT
Individuals and groups across the political and social spectrum support the idea of jury nullification of bad laws: Democrats, Republicans, Libertarians, Greens, Independents, liberals, conservatives, pro-life, pro-choice, religious people, atheists, sincere environmentalists, industrialists, business owners, farmers, ranchers, miners, pro-gun, drug decriminalization, etc. The range of support is unprecedented. Whatever group(s) you fit into, as a Jury Educator, you have allies you never had before. All sorts of people know that many laws today are bad and that government routinely abuses power and people. They know that the jury puts power back into the hands of the people, where it belongs.
What this means to the movement is we can achieve our goal of a peaceful Jury Revolution sooner. What this means to you as an individual jury educator is there is less work for you to do.
We dont need to educate everyone in order to precipitate a Jury Revolution. We only need to educate that critical mass or critical percent of the population that will make it impossible for a prosecutor and judge to empanel a jury that does not have at least one individual (preferably more) who is knowledgeable about the power of the jury. The theoretical critical mass is only one out of twelve or one out of six (in the case of a six person jury). This is only 8% (or 16%) of the jury pool (all registered voters).
However, because of the present tactics of judges and prosecutors to uncover and kick off the jury anyone who knows the truth about the jurys power and other tactics of lying, intimidation, tampering, jury stacking, etc. a realistic critical mass is probably around 30% to 40%.
As activists we do not need to directly educate even this number of people -- across the nation. If we will use the strategy described below of concentrating activism in a few targeted states, then we can achieve victory nationwide by directly educating well over 50% of the population in one or more small states. Victory could come to us by our educating directly only 2% to 5% of the national population. Educating the other 95% will be done by various news media, including the establishment media -- whether they like what is happening or not.
Criminal trials, especially when they end with jury nullification verdicts, can achieve significant media coverage. A single jury nullification in a small state or even in a tiny town somewhere could get national media attention and thereby help educate millions of people all over the country about the power of the jury to nullify bad laws. Especially if you and other jury educators help to precipitate that media coverage.
Imagine a jury nullification verdict happening somewhere in America. After the jurors are dismissed by the judge, they immediately walk outside of the courthouse (with the former defendant if they choose) and walk straight up to the TV cameras and newspaper reporters and explain why they nullified the law and why they had the right and power to do so. And they explain exactly how the judge unsuccessfully tried to trick them, bluff them, intimidate them and tamper with them. They go on to publicly demand that the local Grand Jury indict this judge immediately for attempted jury tampering and indict all the local or state judges for conspiracy to commit jury tampering, among other indictments. This scenario can happen and it will happen. This is a Jury Revolution and it can spread to all states relatively easily, cheaply and quickly -- once it happens in one state.
The general public already regards lawyers, as a group, as morally defective. Yes, there are some good and moral lawyers, but overwhelmingly the bad reputation of lawyers is deserved.
Part of the Jury Education message is the reminder that judges are merely lawyers who work for the government!
Judges are subject to all of the character defects of lawyers in general. Judges are exposed to tremendous pressure and temptations. And all judges are effected by these pressures and temptations. To be sure, there are some excellent judges and judges of fine character. However, some lawyers will tell you that some of their worst become judges. (Read Attorney Gerry Spences books. Spence is devastatingly critical of judges in a couple of his books.)
There was a line in a recent TV show: One TV lawyer says to another ..ambitious and incompetent, youll be a judge someday...
This is not to unfairly beat up on judges. This is to knock them off their pedestals of usurped power, false prestige and undeserved respect.
ALWAYS REMEMBER: Even the most honest (criminal court) judges are guilty of participating in a wholesale conspiracy to usurp the jurys power, tamper with the jury and other crimes. Judges are also guilty of protecting and enabling foolish, corrupt and tyrannical government actions to persist. Even the most honest judges are passively and silently allowing other judges to destroy trial by jury and self-government itself. And it does not matter how much pressure they are under from other judges to keep quiet and go along. They are still guilty. It does not matter that the wholesale lying and jury tampering started over 100 years ago, before they were born. They are still guilty. It does not matter that nobody told them about this in law school. They know about it now, and they must tell the truth now. It does not matter that judges assert that the regular use of jury nullifications would lead to chaos and shake the legal system to its foundation. So what! Freedom itself is chaos -- to a tyrant! The legal system needs to be shaken to its foundation; it is rotten and corrupt, and everyone knows it! The judges are guilty all of them. Do not feel sorry for them. Do not trust them. Demand that judges come clean and tell the truth or resign, and slowlythey will.
The people are the masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow the men who pervert it! Abraham Lincoln
NO ONE TRUSTS LAWYERS
Lawyers have destroyed their credibility with the public and have earned a reputation as incorrigible liars and manipulators. Once a person learns the jurys power to nullify bad laws, lawyers and judges can argue and deny the facts as much as they want; nobody will believe them! Lawyers (and judges) have millions to spend to protect their stolen power. They could launch a campaign of lies and disinformation and outspend the Jury Education movement 100 to 1 or 1,000,000 to 1. It wont work; nobody will believe them. In fact, their efforts to tell even more lies will only backfire on them.
Lawyers and judges are already using their best strategy: hiding.
Once a person learns about jury nullification and its history; once he reads words supporting it from some of our greatest judges and our founding fathers, is he going to believe todays lawyers and judges?
AMERICA IS READY FOR THE MESSAGE
Americans are increasingly fed up with government abuse, intrusion and stupidity. Most people respond enthusiastically and even gleefully to the fact that they have the absolute power to veto hated laws and nullify foolish and bribed legislators. People respond happily to the news of power abusing bureaucrats, cops, prosecutors and judges all going down to humiliating defeat.
People realize that government is the problem and will never be the solution. Government has passed the point of no return; it cannot reform itself. Only the people can reform government and we will by using jury nullifications and a Jury Revolution.
Government is not a solution to our problem; government is the problem.
The nine most terrifying words in the English language are, Im from the government and Im here to help. ---- Ronald Reagan
JURY VETOS ARE FORCE - NOT JUST PRESSURE
For over 700 years, trial by jury has been the only way for the people to personally and peacefully force the government to stop enforcing bad laws and generally abusing power. Voting, lobbying, letter writing, picketing, etc. are merely means for citizens to pressure government to change. Unfortunately, these all depend on politicians first being convinced by the citizens arguments and being uncharacteristically courageous. And then actually taking the requested action.
A million letters, phone calls and e-mails to congress can be ignored and almost always are. A jury veto is absolute and final and all the Congress and all the judges cannot overturn it. A few dozen jury vetoes of a particular law, sometimes more, and sometimes a lot less and that law is essentially dead. Why waste millions of dollars trying to get apathetic citizens to write whiny letters to cowardly congressmen and spineless senators? Why not become Jury Educators and help complete the Jury Revolution? Why not have some fun? Why not wield huge power for good? Why not win for a change?
JURY NULLIFICATIONS ARE PSYCHOLOGICAL WARFARE
Whenever a prosecutor loses a case, it is unpleasant for him. The jury didnt believe him. Similarly the police who made the arrest and testified in court often get angry or depressed. The jury just called them liars or worse. Prosecutors and cops do not like to lose in court.
But when prosecutors and cops and judges get nullified, the pain of defeat goes up exponentially. Before they were embarrassed; now they are absolutely humiliated. With a mere acquittal, the jury tacitly said We dont believe you. When a jury vetoes the law itself, the jury is going much further and saying: Why did you prosecute this person? This is a stupid and bad law and you are a tyrant or an idiot for enforcing it. You just wasted our time and a lot of taxpayer money, etc.
Prosecutors, cops and bureaucrats who perpetrated or enforced the bad law often cannot emotionally and psychologically handle jury nullifications and never want it to happen to them again. Sometimes, a single nullification is enough to convince a particular cop to never arrest a person on that law again. Prosecutors are typically more arrogant and their pain may have to build before they quit enforcing bad laws. On the other hand, practical politics (getting re-elected), may motivate a prosecutor to quickly and publicly renounce enforcing a particular law ever again.
What about judges and their humiliation and pain? The judge reads his jury tampering instructions; he tells the jury that they must enforce the law as given, no matter how they felt about it. The judge slyly or blatantly tells the jury that they must ignore their own conscience and common sense and other lies. He may trick the jury into swearing a fraudulent oath to do whatever he tells them to do. He does all his carefully rehearsed posturing, theatrics and tricks to control the jury. But the jury calls him on all of it! They essentially call him a jury tamperer as well as a liar. Therefore, the pain that judges can feel is much deeper and more personal than even that of prosecutors and cops.
The judge places himself in such a high and mighty position with his words, tone, posture, facial expressions, etc. that when the jury knocks him down, he has much further to fall. We have heard reports of judges flying into insane rages in their chambers after a jury veto. When a particular judge gets nullified all the other judges know about it and do not like it. They might view the nullified judge as weak - a screw up who failed to control the jury. Most other judges are also going to rightfully fear the same humiliation will soon happen to them. The people are blowing down their house of cards.
Possibly, the greatest psychological benefit of a single nullification could be that all other judges are watching; and all other cops and prosecutors are watching too. Maybe a lot of the cops didnt even know what a nullification was, but somebody will tell them. All these people already know what losing is, and they all hate to lose. A jury nullification is the worst kind of losing. All of them know what embarrassment, humiliation and public condemnation -- neighbors and friends gossiping about them and laughing behind their backs are too. Most cops, prosecutors and judges dont want any of that to happen to them. They look at their colleagues who got jury nullified and pray: Oh God, please dont let that happen to me!
If we as Jury Educators do our job of helping to keep the publicity going, then a single jury nullification can deal a psychological blow to cops, prosecutors, bureaucrats and judges far beyond the locality of that trial. If Jury Educators do their job, then a single nullification can generate dozens more successful nullifications of bad laws. Jury nullifications can be just like dominoes. Once one goes down, more and more tend to go down, until it becomes a flood.
One at a time, in their own way, every cop, every prosecutor, every bureaucrat and every judge will surrender to the people and their Jury Revolution. They will stop the self-deceptions and excuses: I was just doing my job or I didnt make the law, Its not my fault, They made me do it, I was just following orders, etc.
There is only one way to escape from the pain. And that is to stop enforcing bad laws. Which bad laws? All of them - Stop enforcing all the laws that the jury keeps telling you are bad, foolish and stupid. This is a Jury Revolution and this is the way America is supposed to work.
Yes, eventually the legislatures will repeal the bad laws, long after jurors have killed them. That is the way America works also. Politicians and legislators as a group are not visionaries or leaders; they are timid followers and they always have been. Read the Quotes for Jury Educators. Study the history of jury nullification.
Right now, we have an absolute plague of bad laws, bad government, predatory bureaucrats and parasitic lawyers, precisely because judges have been lying to jurors and protecting bad laws from being eradicated for a long time. There will be major changes in government and in the legal system. These changes will be cathartic and painful for some government employees. Careers will end in disgrace - as they should. Prison guards, bureaucrats, prosecutors and judges will be laid off. Lawyers will not be as numerous. But we can get through the changes. It will all work out. And a peaceful and thoughtful Jury Revolution is infinitely better than the alternatives.
"If we make peaceful revolution impossible, we make violent revolution inevitable." John F. Kennedy
JURY POWER WONT DISAPPOINT YOU
Jury nullification of bad laws is a centuries-old pillar of freedom and self-government. It is dependable; creates fundamental freedoms for entire nations; strikes down government foolishness and tyrants automatically, whenever the people use it consistently. It is not some weak and flawed candidate or politician who will lie to you, change his mind, chicken out and betray you. It is also not some half-baked citizen initiative which will fail to be adopted, get struck down as unconstitutional, get out-smarted and out-flanked by legislators who pass new laws to defeat it, and eventually break the hearts of millions of citizens who believed in some magic bullet initiative and worked to get it passed.
Isnt it time that you and others got smart and put your effort into something that cannot fail -- if it is used.
JURY NULLIFICATION REMOVES THE MOTIVE
Jury nullifications automatically or naturally eliminate bad laws. Most bad laws typically benefit some special interest group, but harm the majority of the people. Most bad laws typically got enacted because the good folks in the legislature got tricked or bribed -- again, by lobbyists to give some special interest group what they want while the people, self-government and freedom itself get screwed again.
During a full blown Jury Revolution it will be impossible for any of these kinds of laws to survive. Bad laws will all eventually be killed by jury nullifications. The huge financial cost to special interests to enact those bad laws will become a total loss.
It is expensive for special interest groups to wine and dine and generally make dupes and whores out of your public servants. It takes a lot of time and money. They have to get a return on their investment. If the laws they get enacted are easily and cheaply (virtually automatically) destroyed by jury nullifications, where is the motive for a special interest group or lobbyist to spend all that money? There isnt one! Jury Nullification removes the motive to trick and bribe politicians into passing bad laws.
JURY NULLIFICATIONS HELP ELIMINATE CORRUPTION
Jury nullifications will obviously reduce corruption among judges and prosecutors. But they will do more.
Because jury nullification removes the motive for corrupting money to come to Washington (and into every state capitol) then obviously good people wont be getting corrupted by it. True, some people who come to Washington as politicians, staffers, lawyers (250,000), lobbyists, party apparatchiks, etc. dont need corrupting. They were already corrupt, and thats why they got the idea to go to Washington in the first place.
Politicians know they are being corrupted by lobbyists and campaign donations. Senators McCain, Feingold and others were concerned that all the campaign bucks, the partying, the junkets, the flattery, the begging for more and more money are unseemly and corrosive to the morals of our congressmen. The McCain-Feingold Bill was an attempt at a remedy. McCain-Feingold is a good example of politicians being unable to reform themselves. Before the bill was passed, politicians had already devised strategies to beat it. According to some, the situation with money corrupting politicians became worse. Plus McCain-Feingold is an attack on the Freedom of Speech of many Americans.
A large part of a true solution here is jury nullification and a Jury Revolution. When you Remove the Motive (see above) for special interests to give so much money to politicians, you have done a great deal to eliminate the corrupting influence of money in government.
JURY EDUCATION SOLVES MANY PROBLEMS
Concerned about losing your guns and gun rights? Over regulation of your business? The trampling of private property rights? Persecution of alternative healers? Attacks on your freedom to buy vitamins or go to an alternative healer? Ridiculous environmental laws? Loss of your Freedom of Speech? Sick and tired of an insane and failed war on drugs? Tired of the prisons being filled with people whose only crime was to assault the ego of some freedom-stealing bureau_rat? Are you sick of Hate Laws and Political Correctness twaddle?
Jury Education will help solve, or totally solve all of these problems and more. The major reason we have these government caused problems is because judges have been lying to jurors for so long and politicians and bureaucrats ran amok. Government abuse of power and stupidity cannot exist in the same nation with universally educated and empowered jurors.
Therefore, you as a jury educator can correct a whole range of problems by working on just one solution. Is that an efficient use of your time? What problems do you want to solve? How many of them can be benefited or solved totally by jury nullifications? Then why not fix all of them at once? Tell the people about jury nullification and then let nature take its course. Let the jurors veto out of existence all of the things about government that make you angry.
JURY EDUCATION IS EXTREMELY COST EFFECTIVE
For the same expense as one state legislative campaign, a critical mass of the voters (in a small state like Idaho) can be educated regarding their power to nullify bad laws.
Or, for the cost of defeating one major piece of bad legislation, the condition can be created where ALL bad legislation (past, present, and future) will be automatically swept off the books by jury nullifications.
Or, for the cost of defeating just one bad politician, the condition can be created where ALL bad politicians will be defeated and neutered permanently. And at the same time ALL bad judges and ALL bad bureaucrats will be permanently defeated also.
Or, for the cost of putting one good politician into power, we can put the people back into power permanently.
Is this not the greatest political bargain in American history?
(Note: The estimated cost of a statewide jury education campaign assumes that activists will be efficient and frugal, and do much of the legwork as unpaid volunteers. They should spend most of their money on millions of short fliers, web sites, protest signs and the like. The distribution of the educational materials to the public would be by means that are free or essentially free like doing demonstrations to get TV coverage, e-mail, web-sites, blogs, getting on talk radio and lots of volunteers actually getting off their asses and going out and distributing the fliers and doing demonstrations at appropriate places and effective times. This is how activists should behave anyway and not engage in the gold-plated, consultant-driven TV ad campaigns of politicians.)
HOW SOON CAN IT HAPPEN?
Lets take a lesson from the world of sports. In 1953, almost everyone said that it was physically impossible to for a man to run a mile in under four minutes. Doctors, scientists, trainers and others invoked lung capacity, heart size, energy reserves, blood sugar, fatigue, etc. to prove their case.
Then, in 1954 Roger Bannister broke the four minute barrier. He achieved this feat because he (and his trainers) did not believe it was impossible. They did not accept that there was a barrier there at all. They rejected the pronouncements of the experts.
Now this is a good story, so far, but the most instructive and inspiring part of the story is that within one year of Bannisters achievement, thirty-seven more men had duplicated it! And within two years, three hundred men had done what was impossible a short time before! A breakthrough by one man had knocked down all the psychological barriers to running a four-minute mile. A single person had also knocked down the conventional wisdom of the entire distance running world including all the athletes, doctors, trainers and coaches. One person had created the condition where hundreds of people could now do the impossible.
Today, many experts, political activists, political scientists, lawyers and judges say that it is impossible to achieve a return to true trial by educated or informed jury. These experts say it is impossible to return to a world where jury nullifications are happening routinely and often in massive numbers; where no bad law can survive for long. The experts invoke corrupt and desperate judges, bloated and dictatorial government, over-regulation, vicious bureaucrats, apathetic people, bad schools, generations of dumbed-down students, etc. ad nauseum. Some experts say maybe it could happen but it will take a long, long time.
All of these experts are wrong and a breakthrough in as little as one small state will prove it. A single state that achieves a critical mass condition regarding knowledge of jury nullification in the jury pool will do to our corrupt and jury tampering judges what Roger Bannister did to the four minute barrier in 1954.
Once a Jury Revolution breakthrough happens in one state, it could happen across the country very quickly. The rest of the country will become educated about their power to nullify bad laws, not so much by the jury education activists directly, but by the alternative media and by the internet initially. Eventually even the biased establishment media will be forced to cover the story. There will be a rolling momentum of publicity as state after state goes critical mass regarding knowledge of the jurys power. We live in the information age. We have television, 24-hour cable news, talk radio, Internet talk radio, satellite talk radio, e-mail, web sites, blogs, Internet forums and discussion groups, fax machines, etc.
A single jury nullification in a criminal trial is big news, especially if local and national jury educators encourage and help trigger extensive and persistent media coverage. An explosion of jury nullifications, even in one state, will create a national media firestorm, again if jury educators help to keep it going.
All we need are jury education activists who have enough vision and commitment to make it happen in one state and then help create and sustain the media flood that will follow.
THE CITIZEN GRAND JURY: SECOND STAGE OF THE JURY REVOLUTION
As powerful as the criminal trial jury (petit jury) is, there is another jury, which dwarfs it in raw power and range of application. That jury is called the Grand Jury and it brings in Bills of Indictment against suspected criminals.
While jury education puts an activist on the offensive, jury nullifications themselves are technically defensive weapons, when compared to the Grand Jury. This is because in order to use jury nullifications, the people have to wait for an abusive government to prosecute a citizen in a criminal trial (petit jury) and then the people can retaliate and spank the government with a nullification of the bad law. Jury nullifications are very powerful, but they are restricted to a limited venue criminal prosecutions. Jury nullifications have powerful indirect effects across the entire spectrum of government and society, but direct action can only happen in the criminal courtroom and jury room.
The Grand Jury, on the other hand, is the ultimate and unrestricted offensive weapon of the people. The Grand Jury can and should go out looking for crime and corruption in government and indict all government employees that the Grand Jury believes are in serious violation of the law. The Grand Jury has investigative and subpoena powers that enable it to investigate and pursue anyone and anything - including corrupt lawyers and judges! Get it? Can you see why lawyers, judges, politicians and bureaucrats are terrified of an independent Grand Jury?
In addition to criminal and corrupt government, the Grand Jury can and should indict criminals in the private sector also. The Grand Jury has the power to investigate and indict individuals within corporations, corporate lobbyists, academia, Wall street, the media, hospitals and doctors, charities, small businesses -- anyone. Whenever and wherever there are scams, corruption and criminal activity, the Grand Jury is a powerful solution and probably the most powerful single solution available to the people.
The main reason that government and corporate crooks almost always get away with it or only get a tap on the wrist is because the people do not presently control the Grand Jury.
If the Grand Jury is so great then why dont we just reestablish citizen controlled Grand Juries right now? Because we do not have the power, right now, to overturn and reform a corrupt legal system. We do not have the power, right now, to pass the laws needed to transfer control of the Grand Jury from lawyers back to the people. You would not expect lawyers who control the judiciary and the legislatures (especially in all matters related to the courts and legal reform) to give up their usurped power just because a few people ask for it back, would you? However, there is a solution and that is to use the incredible power that we do have jury nullification! Jury nullifications in sufficient numbers - will topple the entire legal establishment. When the Jury Revolution is in full bloom with hundreds and thousands of jury nullifications happening across America, there will be a resulting automatic shift of power between lawyers and judges on one side and the people on the other. In fact, the power of the legal establishment will eventually collapse as judges and prosecutors go into a humiliating retreat. Once this stage is reached, it will be relatively easy for the people to force the passage of laws (or repeal of certain laws) that return the Grand Jury to citizen control. To learn more about the awesome power of an authentic Grand Jury go to http://www.fija.org/fijactivists.htm . Then click on the American Juror -- Fall 2004 (in PDF) link. Also see: Award winning essay by Geo. J. Edwards Jr. (from 1906) http://www.constitution.org/gje/gj_00.htm
And search for runaway grand jury, which is the typically pejorative term that corrupt prosecutors today call a sophisticated and courageous grand jury that becomes independent of the prosecutors manipulation and actually begins to do its job.
A STRATEGY FOR VICTORY
The fact that judges lie to jurors and force jurors to ignore their conscience when reaching a verdict is a major scandal. It is also a scandal that judges are enabling bad government and foolish laws to survive when they would be eradicated by jury nullifications, if judges were not manipulating and tricking jurors.
Therefore, Jury Educators should ACT like there is a scandal, seize the high ground, get motivated and then expose judges for their lies and abuses of power. Yes, we need to continue to educate jurors regarding their rights and powers to nullify. But, we also should frame the entire argument in terms of the scandal and abuse of power being committed by judges. It is this kind of reframe of the situation that grabs the attention of potential jurors, the public and the media.
As mentioned above, in addition to picketing and leafleting at courthouses and other government buildings, Jury Educators should take the campaign of exposing, shaming and humiliating judges directly to individuals and groups who have emotional leverage over judges. Finding and educating these high value people must be a key part of our strategy, if we are to most efficiently break the present behavior of judges. We can easily start with a judges neighbors (being careful never to directly contact the judge or his household, step on his property, etc.) The judges neighbors will tell you (sometimes happily) where he goes to church, his social and civic clubs, the cultural events that are important to him, etc. In a large town with many judges, this type of strategy can be efficiently implemented by demonstrations and leafleting at all important cultural and civic events and other events where all socially and politically connected (judges and their friends) will be attending.
Next, serious Jury Educators should consider relocating to combine forces in one or two states to more quickly and easily take our first state to a critical mass of educated jurors. This will start the Jury Revolution in that state. Such relocating does not need to be permanent or even year round. By means of using email and websites, you can relocate to another state and create a jury revolution without even leaving your house. There are a handful of states that are more ideal as places to concentrate on and take to critical mass first. If we are serious about freedom, we need to do this. It is a small sacrifice, compared to what other generations have done to gain their liberty.
Some judges (and prosecutors) are already stepping way over the line in their abuses of power to specifically crush the Jury Education movement and to throw off juries individuals who understand jury nullification. Whenever this happens, Jury Educators should make an example out of those judges or prosecutors by promptly using the most focused forms of public exposure, shame and humiliation to punish them. All jury education literature for a particular state could have that judges name on it as a dedication. And then we wallpaper the personal lives of all other judges with that literature! In other words, if a judge chooses to fight dirty, we must take his action as an inspiration and motivation to even more creatively expose and humiliate all judges.
We can more effectively get the Jury Education message out via established columnists and reporters, talk radio shows, blogs especially the big blogs. We also can recruit already established and large citizen organizations that would naturally benefit from a Jury Revolution. An example here would be the NRA again. Jury nullification has long had strong grass root support from NRA members, and it is only because of repeated betrayals by their leadership that the NRA did not years ago adopt jury education as a major form of action. The Jury Education movement should have as a major goal that robust jury education become an inherent part of the NRA culture and action forever. This will enable the NRA to have the realistic goal of restoring the 2nd Amendment forever. The same goal should apply to other well-known, well-funded but hopelessly ineffective organizations.
Our message to other organizations is simple: If you want to be truly powerful, if you want to win; become jury educators and help create the Jury Revolution. Then you will naturally achieve all your goals of smaller government, lower taxes and more freedom.
Add up all the money and all the time you and all other Americans have contributed to political candidates and political causes over the years. Compare that to the benefit those politicians and political movements produced for the country. Are you satisfied with what we have been getting? Would you like a better return on your investment? A better return is available to you now. Become a Jury Educator and help finish the Jury Revolution.
For more free information call 1-800-TEL-JURY or look on the web at: http://www.juryduty.org ;http://www.fija.org; http://www.freedomlaw.com/fijalink.html; http://www.levellers.org/jrp ; http://www.freedomlaw.com/JRPTransformA.html; http://www.freedomlaw.com/JRPSTUPID.html
Copyright 1994-2008, Dwight M. Callaway
Permission is given by the author to quote, print or post this article on the Internet, with attribution please. Please send your comments on this article to Dwight Callaway: dwightcallaway (at) yahoo.com . Please include jury nullification or jury revolution in the subject line.
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