JURY RIGHTS DAY

from Erika Alvarez

Today, September 5th, is Jury Rights Day.

As a juror, you are the most powerful person in the courtroom!

Jury independence has a long and proud history in our legal system. We have rights such as Freedom of Religion, Freedom of the Press, and the truth as a defense to libel today; ONLY because ordinary jurors had the courage to acquit heroes like William Penn & John Peter Zenger. But be careful! If you act like you know this history, you're likely not to get picked to serve on any jury and then you lose out on the chance to do something good.

Getting called as a juror gives you the opportunity not just to judge the guilt or innocence of a person; you also have the right to judge the law!

There is a lot of information out there about the development of our system of trial by jury, but for today I'm going to take a different tack on the issue, and assume that most of you are aware that jurors -- even contrary to instructions from judges -- can nullify bad laws.

I'm not a lawyer, but over the years, I've heard of a few ways to help justice prevail via the jury system. Turns out, if I were a lawyer, I couldn’t advocate for Jury Nullification, but as a citizen we must know our rights!

Fully Informed Jury Associations (FIJA) attorney, Clay Conrad says "Sometimes a bit of subversion is needed to rescue our government from itself. The second part of the credo 'my country, right or wrong,' is 'when right, to stand by her. When wrong, to set her right again.' Setting government right again is what jury nullification is all about. Bureaucrats may whine about subversion, but jury nullification, in the end, is the democratic response of deliberating citizens to laws that are not popularly supported, in a nation where we, the people, not government, are the source of sovereign power."

As FIJA explains: "Nothing in the U.S. Constitution or in any Supreme Court decision requires jurors to take an oath to follow the law as the judge explains it or, for that matter, authorizes the judge to "instruct" the jury at all.  Judges provide their interpretation of the law, but you MUST also do your own thinking. Keep in mind that no juror's oath is enforceable, and that you may regard all 'instructions' as advice."

Juries exist BECAUSE you have a conscience, and there is NO requirement that jurors reach a verdict - if one person believes the prosecution failed to meet their burden or the law is unjust he or she can "hang" the jury and deliver no verdict. A word of caution - it's a good idea NOT to mention the word "nullification" at all, from start to finish of your jury experience, even to other jurors.

Procedures vary by court, but generally, once you arrive in the morning, you'll be subject to "voir dire," where you're sworn to tell the truth (the words mean "truly say" in Latin/French). So do that, but DON'T go volunteering any extra information when it's not asked of you! Just say repeatedly that you will be fair, while saying as little else as possible, and keeping a neutral/friendly facial expression toward the lawyers on both sides. They are NOT looking for leaders or people who might seem exceptionally intelligent about either the science, in this particular case, or about the law. These are lawyers, and they're used to feeling like the smartest person in the room whether or not it's true. Your job, as a prospective juror who secretly wants to be selected in order to nullify bad law, is to reinforce that feeling, regardless of the truth! ;)

You want to appear to both sides as a middle of the road taxpayer concerned with reaching a fair verdict, and not someone who has controversial opinions, to the extent truthfully possible. It's a good idea to appear well dressed (business casual) and bring NON-CONTROVERSIAL reading material -- nothing political, etc.

By taking part in a jury you can be the person who acquits a patient of growing his or her medicine or the person who provided the care.

If you would like to help Florida CAN change cannabis laws, take the time to educate yourself about the history of jury nullification, download our brochure and make copies for your friends or organize a day at the courthouse passing out our Fully Informed Jury information.

Hope you enjoyed this segment of Know Your Rights,

Yours in liberty,

Jim Ray

Team 27