DO JUDGES COMMIT FELONIES?
Are judges guilty of jury
tampering . . .
þ when they instruct jurors to ignore
their own sense of right and wrong in
order to enforce the law as given by
þ when they attempt to identify and
then excuse from jury duty anyone
who knows that juries can refuse to
use bad laws?
þ when they issue "jury instructions"
or make jurors take "oaths" calculated
to guide them to a guilty verdict?
If you answered "yes" to any of
these, take heart! The problem has
had a solution for a long time:
John Adams, our 2nd president, in 1771
said of the juror, "It is not only his right, but his
duty...to find the verdict according to his own best
understanding, judgment, and conscience, though
in direct opposition to the direction of the court."
Noah Webster, in his very first dictionary
(published in 1828), defined "jury" as twelve
persons who "decide both law and fact in all
U.S. Supreme Court Justice Oliver
Wendell Holmes acknowledged in a 1920
decision that "the jury has the power to bring in a
verdict in the teeth of both law and facts".
If you think it's time you learned more about the power of the jury to vote
according to conscience, and thus to stop the enforcement of bad law, call
the Fully Informed Jury Association (FIJA) at 1-800-TEL-JURY for a free