Maine Freedom Watchdogs: Jurors Defend Our Freedom

Maine Freedom Watchdogs addresses the issues that affect the freedom of all Mainers. Hosted by Jarrod LeBlanc. The first page of the Maine constitution says that jurors have the right to judge the law. This power of the jury to veto unconstitutional laws is showcased.

Learn more at Fully Informed Jury Association

The jurors have two main duties. First, they must determine from the evidence what the facts are. Second, they must take the law stated in the court's instructions, apply it to the facts and decide whether the facts prove the charge beyond a reasonable doubt. See Sparf v. United States, 156 U.S. 51, 102-07 (1895); Starr v. United States, 153 U.S. 614, 625 (1894).

The jurors have the power to ignore the court's instructions and bring in a not guilty verdict contrary to the law and the facts. Horning v. District of Columbia, 254 U.S. 135, 138 (1920).

But they should not be told by the court that they have this power. United States v. Krzyske, 836 F.2d 1013, 1021 (6th Cir. 1988); United States v. Avery, 717 F.2d 1020, 1027 (6th Cir. 1983); United States v. Burkhart, 501 F.2d 993, 996-97 (6th Cir. 1974).

They should instead be told that it is their duty to accept and apply the law as given to them by the court. United States v. Avery, supra at 1027.

ARTICLES OF FREEDOM

pp 22 ARTICLE 7.

JURIES AND THE SEVENTH AMENDMENT

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. ( NOTE: Common law is not Statute Law )