JURY NULLIFICATION+MARIJUANA UK,USA & CANADA

[meduser180056]

If your on a jury and want to do this DO NOT tell the other jurors the judge anybody period.

Simply remain quiet and when the time comes for the jury to deliberate simply state not guilty.

Even if all the jurors say guilty all it takes is one to disagree to hang the jury. If you tell the other jurors you risk being thrown off the jury.

I don't care if he has 2000 plants and a million pounds of weed judge in my judgement the defendant is not guilty haha Have fun with the retrial...

Jury nullifications would really cost the courts a lot of money so they would start to back off on prosecuting cases that could lead to it. Same thing happened with prohibition prosecutors began to give up trying to prosecute bootleggers because jurys weren't convicting.

 

[FreeMan]

Great information REDEYE, thanks for sharing. It's always handy to put another tool in the bag. This would only be applicable to larger ops in the UK where the estimated sentence is 6months+. Anything -6months would be dealt with by the Magistrates court where unfortunately there is just a judge, their legal clerk and NO jury. You can't expect any justice to occur in the Magistrates, but this is very useful for anyone appearing in the Crown court.

 

[Tatz]

GrassRoots organizations

GrassRoots organizations

Are there any GrassRoots organizations that work to educate the public on this?

Educate Yourself! Then Educate Your Neighbors!

Stay Safe!

Yes oyur honour !

WE ARE the "organization"

Ed.: Pulled up a chair for this 1 !!!

 

[Stay Puft]

Are there any GrassRoots organizations that work to educate the public on this?

Educate Yourself! Then Educate Your Neighbors!

Stay Safe!

Yes there is:
http://fija.org/

 

[REDEYE_420]

Power to the people!

Power to the people!

Are there any GrassRoots organizations that work to educate the public on this?

Hi Hydro-Soil, yes is the answer to your question. The Fully Informed Jury Association deals with educating the juror about his rights and obligations on the jury panel. They are based in the USA, but from what I can make out Jury Nullification originated in England. I'm yet to find a dedicated UK Jury Nullification site.

Even if all the jurors say guilty all it takes is one to disagree to hang the jury. If you tell the other jurors you risk being thrown off the jury.

I don't care if he has 2000 plants and a million pounds of weed judge in my judgement the defendant is not guilty haha Have fun with the retrial...

Jury nullifications would really cost the courts a lot of money so they would start to back off on prosecuting cases that could lead to it. Same thing happened with prohibition prosecutors began to give up trying to prosecute bootleggers because jurys weren't convicting.

Hi Meduser, I'm not sure if you can be thrown off a jury if you plan on using your right to nullify? I haven't seen this yet in any of what I have read so far. Do you have a link to such a case? If so would you put it up here, that way people can look at it themselves-another learning tool so to speak.

I like your proposal for when you come across a fellow cultivator in court. Unfortunately I have a criminal record for just that (cultivating), so I will never get that honour of sitting on a jury and nullifying a fellow grower. lol.

Yes your right, the courts would lose heaps of money. Imagine the amount of Cannabis cases that would fall through with this tool at hand, and of course this tool is only valuable if the public know about it.

.....You can't expect any justice to occur in the Magistrates, but this is very useful for anyone appearing in the Crown court.

Yes that's correct-this will only work in courts (Crown) with a jury panel. I didn't mention it because I thought that was common sense-in hindsight maybe I should have. Cheers for highlighting that.

Yes your honour !

WE ARE the "organization"

Ed.: Pulled up a chair for this 1 !!!

Yes that's right-we are the organisation!

As well as a defendant being judged, the actual law is being judged. I think that if a jury delivers a nullification verdict, then obviously the defendant walks from court a free man, but i think the actual 'law or act' becomes nullified too. The reason for this is, that if one person has been nullified for 'Cannabis cultivation', then successive solicitors can refer to this case and bring about the same reasoning-I'm not a 100% on this.

Lysander Spooner-Trial By Jury: **CLICK HERE**

Darren Andrew-Trial By Jury: **CLICK HERE**

Check out the Fully Informed Jury Association/Once on the homepage use the 'activism' and 'library' links to find more information: **CLICK HERE**

Ron Paul talks about Jury power on you-tube: **CLICK HERE**

There are a couple of pdf's at the bottom of the page, check them out peeps. Pass on the knowledge to everybody you know.


** Research what is laid out in this thread, don't take my word for it-learn it for yourselves **

If you find any more relevant information to do with this topic, then please post it up here (with links too please).

We are the people, we are the power-never forget that!

 

[EssentialGrow]

Fascinating. Will definitely keep this in mind if the situation arises. Of course its probably a good idea to say I read it in a magazine or something of that matter .

 

[hkush]

Just got called for jury duty for one trial during the months of May, June, and July. I pity the government's drug case if they are foolish enough to let me on that jury. Hoping they do and it is a drug case. If so, I've already formed an opinion. not guilty on all counts.

 

[REDEYE_420]

How did it go?

How did it go?

Just got called for jury duty for one trial during the months of May, June, and July. I pity the government's drug case if they are foolish enough to let me on that jury. Hoping they do and it is a drug case. If so, I've already formed an opinion. not guilty on all counts.

Hi Hkush, I hope it is a drug case and I also hope you use your power of jury nullification. Is it over now, and was it a drug case? How did it turn out?


Peace.

 

[hkush]

Hi Hkush, I hope it is a drug case and I also hope you use your power of jury nullification. Is it over now, and was it a drug case? How did it turn out?


Peace.

Wednesday is the day I will serve on what I have now learned is called "Petit Jury" (opposite of Grand Jury I guess). It means trial juror.

Supposed to call the night before and listen to a recording to see if the trial is still on. The 2nd letter the sent starts out saying 'Welcome selected Petit Juror' and gives me that date. The only bad thing is, I don't know what kind of case it is, there is nothing on the court calendar online
. So it might have been pled down and trial canceled. I don't know.

I know all about jury nullification, been studying the FIJA website on and off for years.

Took down my NORML banner on my website temporarily Don't want to give an inquiring prosecutor any reason to dismiss me or to suspect I'm pro-marijuana. I'm neutral - until deliberation time. If its a drug case, or ANY law I don't like, he'll get off with at least a hung jury.

As a side note - I think people can safely conclude by my other recent thread that I'm hard headed and don't listen to anyone. The other jurors would be truly engaging in folly trying to get me to change my mind

 

[@b$+r@c+]

hKush, I would advise you to not spoil your opportunity by posting about your case, until a verdict is issued. I assume they could easily toss ya if they read your decision on a case which had yet to take place...I'm no legal expert though, just tryin to help.


Redeye: Google 'Stare Decisis' ...I really have no idea if it applies to jury null but if it did.....I'd sure call it a loophole!
Thanks for the thread!

 

[hkush]

hKush, I would advise you to not spoil your opportunity by posting about your case, until a verdict is issued. I assume they could easily toss ya if they read your decision on a case which had yet to take place...I'm no legal expert though, just tryin to help.


Redeye: Google 'Stare Decisis' ...I really have no idea if it applies to jury null but if it did.....I'd sure call it a loophole!
Thanks for the thread!

Advice duly noted, and sent to the round file

And damn - just checked the court calendar. It was updated and all the trials wednesday, about ten of them, are speeding tickets. and one disorderly conduct. Oh well.

 

[REDEYE_420]

POST 420! WOOOO!

POST 420! WOOOO!

WOOOOO! POST 420 BABY WOOOOO!

Wednesday is the day

Redeye: Google 'Stare Decisis' ...I really have no idea if it applies to jury null but if it did.....I'd sure call it a loophole!
Thanks for the thread!

Well I hope it is a drug trial and I hope the poor fellow walks. Good luck to you on Wednesday Hkush!

I think all drugs should be legal, prohibition is causing the criminality of the drugs that are on offer.

Free all drug offenders!

Cheers for the information @b$+r@c+, I'll look into that as soon as I get the chance.

Hey guys and gals spread the word to as many people as possible with regards to Eddies case, the more people that know about this then the more people that might stand up for themselves in a similar fashion to Eddie.

The more the system is challenged the more likely that we will get what we want.


Peace.

 

[Strainhunter]

CHECK THIS...it could be the saviour of Marijuana Martyrs everywhere...??

If your ever called for jury service you can save some poor smuck from being banged up if you feel
he doent deserve it!

"The jury can save you!''

........

Jurors certainly do have a POWER that has come to be known as “jury nullification.”

However, I do not agree that it is a “secret.” It is simply an inherent aspect of the jury system.

I’ll explain:


The jury system in America is set up in such a way that the judge and the jury have separate and distinct functions. It is the sole and exclusive right and duty of the jury to decide disputed issues of fact, based upon all of the evidence that is before it. There are always disputed issues of fact in any case that gets tried. If there were not, then there would be no need for a trial.

Again, it is the SOLE AND EXCLUSIVE RIGHT AND DUTY of the jury to decide/resolve these disputed issues of fact, and to thereby agree and conclude as to what the true facts of the case are. The judge provides the jury with the applicable law (known as “the law of the case”). According to the rules of the system, the jury is duty bound to accept the law and to apply it to the facts, thereby reaching the ultimate conclusion of “guilt” or “not guilty.” In theory, this is supposed to be a mechanical process, just as I have described it: apply the law to the facts. Like a machine. However, because a jury is comprised of human beings, and not machines, the jury does not HAVE to follow these rules of the system. If they don’t WANT to follow the rules, for whatever reason (let’s say that the jury thinks that to follow the rules in a particular case would lead to an unjust/immoral result), then they have the POWER to do as their conscience directs. Once their verdict is announced, the judge is virtually powerless to do anything about it. The jury does not have to answer to anyone. They do not have to explain their verdict, nor even talk about it.

Think about an analogy. A witness steps up to the stand and swears an oath, to tell the truth. Obviously, the integrity of the system is dependent upon witnesses testifying to the absolute truth. But what’s to stop a witness from lying? Sometimes nothing! In certain circumstances witnesses can lie with impunity (and they often times do!). But the point is, they have this POWER to lie. But they obviously do not have a RIGHT to lie.

REDEYE_420 you failed to carefully distinguish between RIGHT and POWER being one major criticism that I have with the article. In the first part of the article you rightly use the term POWER. However, notice how you then begin to use the term RIGHT.

A jury has no such RIGHT to engage in "jury nullification."

However, as I stated, they do have such a POWER, which simply happens to arise as an inherent part of their duty, because of the way that the jury system in set up.

In reality, any good criminal defense lawyer is well aware of the phenomenon of jury nullification, and of course we try to tap into it to the best of our ability. However, we cannot tell a jury that they have this POWER. On the other hand, the judge tells the jury what their DUTIES are, the most fundamental of which is:

“YOU MUST SWEAR TO APPLY THE LAW THAT I GIVE TO YOU. YOU ARE NOT FREE TO APPLY YOU OWN CONCEPT OF THE LAW, OR WHAT YOU THINK THE LAW OUGHT TO BE . . . “



Makes sense?

That's how it goes though.

SH



.

 

[REDEYE_420]

My bad I should have expressed my reasoning better....so the juror has the right to use the power of jury nullification if they feel that the trial they are a juror on is unjust, unfair or biased-does that sound more on point?


What I find amazing is that a trial jury can't be informed of the power they have in jury nullification, from what I have heard anyway...do you know of situations where the jury has been informed of this power.

Peace.

 

[Strainhunter]

...


...do you know of situations where the jury has been informed of this power.

Peace.

By anyone in specific or just in general?

 

[REDEYE_420]

By anyone in specific or just in general?

Morning Strainhunter, just in general really. I was looking at a site ( www.fija.org ) and they were stating that juries aren't made aware of the power of jury nullification, as a result they were going around the court waiting areas handing out mini booklets outlining exactly what a jury 'can' do with regards to powers at the hands of the jurors.

How are you to find out about jury nullification if the judge and barristers can't let you know about such issues?

Peace.

 

[Strainhunter]

Morning Strainhunter, just in general really. I was looking at a site ( www.fija.org ) and they were stating that juries aren't made aware of the power of jury nullification, as a result they were going around the court waiting areas handing out mini booklets outlining exactly what a jury 'can' do with regards to powers at the hands of the jurors.

How are you to find out about jury nullification if the judge and barristers can't let you know about such issues?

Peace.

No NEVER in general. Not once.

And as far as your question concerns about "finding out"...sadly one just doesn't just like that.
If one takes the position in a jury you better be educated prior to taking that "job".

It really "just" boils down to the last paragraph from my previous write-up:

A jury has no such RIGHT to engage in "jury nullification."

However, as I stated, they do have such a POWER, which simply happens to arise as an inherent part of their duty, because of the way that the jury system in set up.

In reality, any good criminal defense lawyer is well aware of the phenomenon of jury nullification, and of course we try to tap into it to the best of our ability. However, we cannot tell a jury that they have this POWER. On the other hand, the judge tells the jury what their DUTIES are, the most fundamental of which is:

“YOU MUST SWEAR TO APPLY THE LAW THAT I GIVE TO YOU. YOU ARE NOT FREE TO APPLY YOUR OWN CONCEPT OF THE LAW, OR WHAT YOU THINK THE LAW OUGHT TO BE . . . “