Friday, February 11, 2011

Jurors Have The Highest POWER In The Country!!!

The past two weeks I have been bombarded with a string of emails attacking some well known Attorney's on the lack of jurisdiction of the courts. Needless to say, these people are all over the place with what they believe to be true, citing court cases that have nothing to do with what the issue they are trying to apply them to, and expressing anger at all the courts as well as all attorney's for their own lack of due diligence.

FIRST: Do a google search for CRIMINAL PATTERN JURY INSTRUCTIONS 6TH CIRCUIT.

When you click on the first link you will see all the chapters listed. You have a choice of WordPerfect, MS-Word or PDF files to download.

You want Chapter 1.00 - General Principles ( I choose PDF )

One page (4) it states:

Committee Commentary 1.02
(current through December 1, 2009)

A panel of the Sixth Circuit quoted paragraph (4) of this instruction and stated that it
cured any confusing statements made by the district court during voir dire. United States v.
Okeezie, 1993 WL 20997 at 4, 1993 U.S. App. LEXIS 1968 at 4 (6th Cir. 1993) (unpublished).

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.

So the question is, if the Jury has the POWER, the POWER to over rule the judges instructions, the POWER to over rule the legislators, WHY AREN'T THEY USING IT???

Oh wait, I know.

1. Because the defendants aren't demanding a trial by jury.
2. Because the parents aren't demanding this be included in their child's civic education.
3. Because we have a dumb down society that doesn't have a clue what their state or federal Constitution or Bill of Rights says and they really don't care either.

GOVERNMENTS RULE BY THE CONSENT OF THE GOVERNED.

1 comment:

BciBrad said...

And a FL judge recently prohibited FIJA (and anyone else) from giving materials to those who entered the courts that explained what powers a jurist has. A jurist has the ultimate power to nullify bad or misused laws, but only if they know they have the power to do so.