Juries: A powerful arm of government
Seated juries are the most powerful arm of our government that "We the People" have, at any level, despite what prosecutors, defense lawyers, judges and "doctors of the law" tell you.
Jury nullification is as controversial as it is archaic. Juries, according to U.S. Supreme Court justices and many defense lawyers in Ellis County, have the power to acquit and convict based on the law itself. The mere presence of that last sentence has caused some prosecutors to threaten residents of Texas with jail for even mentioning it.
That is not the America we love, and that is definitely not the America that was created.
If someone is on trial accused of smuggling in dope, by the very definition of "jury nullification," the 12-member juries can acquit that person based on the law itself. In other words, if it’s a bad law, the person accused of breaking it can be acquitted.
You will not get judges, lawyers and prosecutors to admit this. Like stated above, certain people have been threatened with jail terms for even mentioning this powerful tool.
In the 2006 Republican primary election for 40th District Court, Judge Gene Knize adamantly opposed jury nullification - and even juries - when he told the Ennis Daily News he didn’t trust juries to get to the truth.
His opponent came out in support of jury nullification based on the fact that American jurisprudence set up juries for the simple act of not only basing their decisions on the accused, but on the law and the judge themselves.
What is so difficult about agreeing with the fact that juries have the power to decide to acquit or convict based on the law?
Certain legal establishments are horrified at the thought of "miniature Legislatures," which Knize described them as in a public candidate forum in 2006, of being able to subject the judge and prosecutors to strict accountability.
In Alaska, according to jury nullification researcher Jake Witmer, there is a bill to make jury nullification evident in courtrooms across the state. Alaska, that bastion of liberty home to recent vice presidential candidate Gov. Sarah Palin, is a unique state.
They allow for medical marijuana, despite federal laws that prohibit it.
Even without calling the decision-making process "jury nullification, " jurors from the six-person petit juries in our Justice of the Peace courts to the 12-member grand juries conduct jury nullification all the time. Some without even knowing it. But thanks to the internet and activists armed with American historical truth, the debate has been shaped.
And that debate has now unfolded in the form of legislation protecting those who support and promote jury nullification.
Ellis County residents would be well versed in this proper form of government if they stood up against the threats of jail for saying what is obvious. It is the last remaining hope that "We The People" have of being a truly free republic.
["If the jury feels the law is unjust, we recognize the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by a judge, and contrary to the evidence... 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 or passion, the jury has the power to acquit, and the courts must abide by that decision." (United States v. Moylan, 4th Circuit Court of Appeals, 1969, 417 F.2d at 1006)]