Fully Informed Jury Association

American Jury Institute

Archive for the 'Function of Juries' Category

Function of Juries &Jurors Doing Justice | 04 Apr 2012

Judge Rejects Prosecutorial Request to Bar Free Speech Defense in Occupy Trial and Other Prosecutorial Shenanigans

We recently brought you news of a case in Iowa in which a jury nullified a local rule, deciding in favor of the defendant on the basis that he was exercising his First Amendment rights. The jury ruled that the defendant’s exercise of his freedom of speech on public property took precedence over a locally [...]

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Function of Juries &Jury Nullification | 14 Mar 2012

The Hershberger Trial and Jury Nullification

In a recent article, Peter Kennedy discusses the full legal power of the jury, specifically with respect to the prosecution of Wisconsin raw milk dairy farmer Vernon Hershberger: The Hershberger Trial and Jury Nullification Sometime later this year Loganville, Wisconsin dairy farmer Vernon Hershberger will be tried before a jury in Sauk County Circuit Court [...]

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Function of Juries &Jurors Doing Justice | 11 Mar 2012

Jury Nullifies in Favor of First Amendment in Another Occupy Case

Another jury—this time in Polk County, Iowa—has nullified a state-imposed curfew that conflicted with the First Amendment of the United States Constitution. In a strange twist, the prosecutor reportedly asked the jury to nullify the First Amendment in favor of the local restriction, but the jury chose to uphold the higher law. Jury Reaches Verdict [...]

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Function of Juries &Jurors Doing Justice | 22 Feb 2012

Occupy L.A.: A Case of Jury Nullification

As Occupy protesters have exercised their First Amendment rights across the country, hundreds of arrests have been made by police and numerous charges against them have been filed by government attorneys at taxpayer expense. Many of these cases are settled by protesters giving up their right to a jury trial and simply pleading guilty and [...]

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Function of Juries &Jury Nullification | 20 Jan 2012

Freedom Friday: Be a Martin Luther King Juror

One may well ask: “How can you advocate breaking some laws and obeying others?” The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, [...]

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Function of Juries &Jury Nullification | 21 Dec 2011

New York Times: Jurors Need to Know That They Can Say No

Professor of law and former federal prosecutor Paul Butler trusts jurors over power-grabbing prosecutors. Jurors Need to Know That They Can Say No How one feels about jury nullification ultimately depends on how much confidence one has in the jury system. Based on my experience, I trust jurors a lot. I first became interested in [...]

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FIJA in the News &Function of Juries | 29 Nov 2011

Prosecution Reveals Ignorance of the Function of the Jury

Oral arguments are scheduled for next month in a malicious prosecution of an activist distributing juror outreach brochures in New York. In a brief filed with the court, the prosecution reveals its ignorance of the function of the jury. Prosecution Explains Jury Tampering Charge “His speech is not protected by the First Amendment,” prosecutors wrote. [...]

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Function of Juries | 05 Nov 2011

Let a Thousand “Rogue” Grand Juries Bloom!

Let a Thousand “Rogue” Grand Juries Bloom! Harris County’s 185th criminal court grand jury, which had been investigating problems with the BAT vans, called Culbertson to testify, along with former Harris County Prosecutor Brent Mayr. Lykos dispatched two members of her flying monkey corps – assistant DAs Carl Hobbs and Steve Morris – to “monitor” [...]

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Function of Juries &Jury Nullification | 03 Aug 2011

The Sentence: A Take on the DeChristopher Case

An editorial on the recent sentencing in the Tim DeChristopher case and ways the system was manipulated to tilt the playing field in favor of the prosecution: The Sentence: A Take on the DeChristopher Case I’m not suggesting that Benson wears jackboots, but the treatment DeChristopher got wasn’t much better than what he’d have received [...]

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Function of Juries | 27 Jul 2011

Is Grand Jury Tampering Rooted In Fed’s Psychological Disorders?

Is Grand Jury Tampering Rooted In Fed’s Psychological Disorders? Is the tampering of Nevada’s Federal Grand jury rooted in psychological disorders? That is a question being asked by Network CEO Phil Stimac after a recent ruling by U.S. District Judge Robert Jones that he and not the grand jury has the right to weigh and [...]

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Function of Juries | 25 Jul 2011

“Not Guilty” Isn’t “Innocent”

“Not Guilty” Isn’t “Innocent” An indication of the sad state of journalism is how often when people show support for the Casey Anthony verdict they are labeled as Casey Anthony supporters. But they could very well be supporting just one thing. That would be to accept the “not guilty” verdict. It is, after all, the [...]

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Function of Juries | 07 Jul 2011

Reminder of the Function of the Jury in the Wake of the Casey Anthony Trial

In the wake of the Casey Anthony trial, we have gotten a number of calls regarding the case. While we do not have a comment on the details of this particular case, we remind everyone that guilt is determined by evidence and not the heinousness of the allegations against the defendant. The primary purpose of [...]

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Function of Juries &Jury Nullification | 06 Jul 2011

Jury can send message on medical marijuana law

The following letter to the editor, submitted by Thomas DeLaTorre of Pinckney, MT, was recently published in the Livingston Daily in Livingston, MT: Jury can send message on medical marijuana law Being on a jury can be one of the greatest experiences of citizenship. It is a duty that you should not take lightly or [...]

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Function of Juries | 04 Jul 2011

Michigan Pilot Jury Program

Rose Lear brings us news of a pilot jury program in Michigan: Jurors discuss Springer trial, decision – Part of Michigan Pilot Jury Program The ability of jurors to question witnesses is part of a pilot program in Michigan that’s been under way since 2008. Under the experimental program, the 14-member Springer jury receives copies [...]

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Freedom Friday &Function of Juries &Jurors Doing Justice &Lunch Break for Liberty | 20 May 2011

Freedom Friday- Lunch Break for Liberty

In this week’s Freedom Friday, Phil Mocek discusses his court victory in which a jury delivered a resounding No! to harassment of citizens by government agents enforcing their personal whims rather than the law. We posted about his case here. FIJA spoke with Mocek regarding his jury’s role in protecting him from government agents who [...]

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