A Thoroughly American Tactic Vs. Tyranny


Not long ago, I discussed here at Freedom Outpost the notion of secession as a tactical response to tyrannical government. In the same vein, today I want to briefly mention another tactic vs. tyranny that still remains available to American citizens, and to those in other countries that practice trial by jury. That tactic is Jury Nullification.

Jury nullification occurs when a trial jury returns a verdict of “not guilty” even though the jury believes the defendant did, in fact, technically break the law with which he is charged.

Nullification can occur for upright, moral reasons and for immoral reasons.

On the immoral side, think of (for instance) race-related crimes in which the defendant’s peers on the jury are members of the same race as he is, and may refuse to convict him of his obviously racially motivated crime.

But on the other hand, jury nullification can be a tool in the hands of an informed citizenry, whereby they may effectively remove the teeth from laws they think are overbearing and/or immoral all on their own. A law that cannot be enforced is no law at all, and so if a jury rises up in a righteous indignation over dictatorial laws, by refusing to convict those who “break” them, those laws are made into geldings.

This is not a new concept. In fact, in the United States, the court system itself used to promote this idea. Our first chief justice of the Supreme Court, John Jay, apparently made the option of nullification a part of his instruction to jurors. [source]

Over time, though, corresponding to the government’s never-ceasing quest for power, we’ve gotten to the point where, if anything, judges will warn juries that all they are to do is judge the facts of the case and whether the law in question was broken. They are not at all given the option of judging that law.

In fact, the last time I was summoned for potential jury duty, there were two federal cases for which they were picking juries. One was a marijuana case and another was a firearms possession case. During the screening process, the judge specifically demanded that potential jurors speak up if they were members of the NRA, or if they believed pot should be de-criminalized. Those who answered either question in the affirmative were immediately dismissed and sent home. This amounts to nothing more than an aggressive attempt to head off jury nullification.

However, the truth is that once that jury door shuts and they begin to try to come to a verdict, both the facts of the case and the law lie within the jury’s power to judge, simply because the deliberations are private. They won’t tell us that anymore. In fact, like I said, they’ll try to scare us off from it. But they can’t really stop it. Especially, they can’t stop it if juries approach their duties already mindful of this power. Even a single juror who is aware of this inherent power of the jury can at least cause a mistrial by hung jury, and a lot of those sorts of cases never get re-tried.

This is one weapon against tyranny that demands just a little bit of education: Spread this information far and wide.

Jury Nullification also, by the way, seems to have something like a Biblical precedent as well. The tyrant, king Saul, at one point, in a fit of emotion, made up a ridiculously stupid law and attached the death penalty to it. Unaware of this colossal foolishness, Saul’s son, Jonathan, innocently violated that law. When Saul heard of it, he combined outrageous pride with his moronic pronouncement and condemned his son to death. At this point, Saul’s people collectively rose up and said “No. This idiocy is not happening. You are wrong.” (My paraphrase.) Though he was a king, with all the power that entails, Saul was forced to back down on that one. The people successfully judged both the law and his enforcement of it to be unjust. (See the scriptural account here.)

For more tactics against tyranny, that can and should be employed by Christian patriots especially, see the ebook, Resistance to Tyrants: Romans 13 and the Christian Duty to Oppose Wicked Rulers. If you are like most American Christians, you have probably been taught to yield something like unqualified obedience to even the most antichrist government, on the basis of a poor and thoughtless reading of Romans 13:1-7. According to this bad reading,  God expects you to obey the devil, just as long as he’s working through the government. That is not at all what the text in question means. This book will give you to the tools to combat that foolishness.

 

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  • http://www.facebook.com/profile.php?id=524116311 Steve Schaper

    Is it legal to use jury nullification if the judge demands otherwise? Can a judge imprison, even indefinitly, a juror who will not comply?

  • Snipertoo

    What is more scary than this, is replacing our Constitutional/Federal law with Sharia Law. Pay attention, it's coming. We have many Muslim lawyers, judges, and Muslim Judges (2) and lawyers (3) in the DOJ, working along side the closet homo, Muslim - Holder.

  • TheSunDidIt

    Obama plans to use it in the Senate IF anyone ever sees his records.

  • http://twitter.com/djmyers3 Dan Myers

    The Constitution can't protect us from the chronically stupid, lazy and greedy. Once people found out they can vote themselves our stuff, they did. And now we're over that democratic tipping point where the takers outnumber the earners. Once they were parasites, but have evolved into predators.

  • har82

    I can't remember that last time - I - was called for jury duty lol. They know better than to let me sit on one :) . The - judges - I have watched for the last few years are completely - dupes - of the system in their orders for the juries. Time and time again I have watched judges order juries to do just that. Ignore the morality of the given situation and only concentrate on the law.

    Well my friends , that ,,, is how we got where we are today. Juries have no idea the real

    - power - ,,,, they have anymore. The - Jury - ,, is the 1 place where illegal , or immoral laws can be effectively squashed and dealt with.
    And a jury , trial is the 1 place a politician ,,, can be held accountable for his corruption with a verdict of - guilty - for his / her , crimes of corruption and greed.
    Politicians like - reid- pelosi, franks , schumer, boner ,mccain, kennedy , all of them , if just -1 - of them was convicted by a jury for immorality, greed , or corruption , the - WHOLE - house would come down around their ears.
    Now - reid , pelosi , and far to many others - ,, are most definitely ,,,, guilty of bribery ( buying votes ) in this - bammie care BS and I don't think any ,,, sane person can argue against that . And there are tons of other crimes politicians are quite obviously ,,, guilty of as well as - SEDITION - against the Constitution of this country.

  • sovereigntyofone

    I just hope Obama doesn't " Nullify " us before we can sort this mess out.

    • har82

      It is not within - bammies - powers to - nullify - the people lol. Oh he thinks he can. But the fact of the matter is ,, that - We The People - are in fact , the real power in this country. And he knows it. That ,, is the only thing that really scares the pants off that muslim trash, as well as the politicians.
      The problem is, people just aren't sick of his ( and - every politicians ) BS enough yet to do something about it is all.
      But the time is coming. Usually , in human affairs it is something stupid ,, that sets the fire to blazing. And it will be in this as well. He can't help it, he holds - absolutely no regard - for the people. And at this point, neither do the politicians .

    • sovereigntyofone

      Someone said recently that the U.S. has the largest army in the world.. WE THE PEOPLE that own firearms. So I agree with you, I think for right now this might be the only thing that is stopping them. However you can bet that Obama is trying to find a way to disarm that army as we speak. Keep your power dry my friend.

    • har82

      He is closer ,, than you think. Katrina was a dry run for the military to confiscate weapons and not a damn thing was done about it ( though that was - pre - bammie - ) . He has laws in - place - as we speak for the military to function - inside - the country as it has never ,,, been allowed before. He has the UN Arms Treaty ready to be placed. He has all the laws in place to declare - martial law - right now ,, on the books. He has all ,, the blacks ,, and muslims ( with some hamas he's imported ) ready to riot which would give him the reason. All it needs ,,, is something to spark it all off. Look for it ,, it will happen. There is no other way for him to keep his seat of power after he - transforms America - into this communist dump him and all the democraps want. Most things in life I have been sure about always came around. Part of me hopes I am wrong this time. But another part of me screams no, you are right. For the first time in my life, I have fears for my children's futures . And mine ,, for that matter lol.

  • http://www.facebook.com/delbert.gue Delbert Gue

    The country would be much better off without an illegitimate half breed at the helm who only wants to destroy it and all it stands for! He is incapable of anything but division, bias and rancor. He should be impeached and sent back to Kenya!

    • har82

      At this point, I am all for - Impeaching - the whole of Congress. For - dereliction of duties ,,, if not - Sedition -.

  • DAVID PEACOCK

    I think the collective knowledge of we the people will win this battle against tyranny....

  • Raymond

    Full of Hot Air
    A woman in a hot air balloon realized she was lost. She lowered altitude and spotted a man in a boat below. She shouted to him, "Excuse me, can you help me? I promised a friend I would meet him an hour ago, but I don't know where I am."

    The man consulted his portable GPS and replied, "You're in a hot air balloon approximately 30 feet above a ground elevation of 2,346 feet above sea level. You are 31 degrees, 14.97 minutes north latitude and 100 degrees, 49.09 minutes west longitude."

    She rolled her eyes and said, "You must be a Republican."
    "I am," replied the man from Texas. "How did you know?"
    "Well," answered the balloonist, "everything you told me is technically correct, but I have no idea what to make of your information, and I'm still lost. Frankly, you've not been much help to me."

    The man smiled and responded, "You must be a Democrat."
    "I am," replied the balloonist. "But how did you know?"

    "Well," said the man, "You don't know where you are or where you're going. You've risen to where you are due to a large quantity of hot air. You've made a promise that you have no idea how to keep, and now you expect ME to solve your problem. You're in EXACTLY the same position you were in before we met, but somehow, now, it's MY fault.

    • har82

      hahahahahaha, EXCELLENT ANALOGY :)
      And the solution to her problem is very simple.... Deflate ,, her balloon . That ,,, would solve - both - problems :) . And it wouldn't take 50 years to complete ,, either .

  • Raymond

    A United States Marine was taking some college courses
    between assignments. He had completed 20 missions in Iraq
    and Afghanistan . One of the courses had a professor who
    was an avowed atheist, and a member of the ACLU.

    One day the Harvard professor shocked the class when he came in.
    He looked to the ceiling and flatly stated, "GOD, if you are real, then
    I want you to knock me off this platform... I'll give you exactly 15 min."
    The lecture room fell silent. You could hear a pin drop. Ten minutes
    went by and the professor proclaimed, "Here I am GOD, I'm still waiting."

    It got down to the last couple of minutes when the Marine got
    out of his chair, went up to the professor, and cold-cocked him;
    knocking him off the platform. The professor was out cold.

    The Marine went back to his seat and sat there, silently.
    The other students were shocked and stunned, and sat there
    looking on in silence. The professor eventually came to,
    noticeably shaken, looked at the Marine and asked,
    "What in the world is the matter with you? Why did you do that?"

    The Marine calmly replied,
    "GOD was too busy today protecting America's
    soldiers who are protecting your right to say stupid
    stuff and act like an idiot. So He sent me."

    The classroom erupted in cheers!

    • har82

      I love that one Raymond. And it is so relevant today it's not funny.
      Evil thrives ,,, when good men do nothing.

  • Incredulous_one

    Pastor Runyan, if a judge demands to know if you are a member of the NRA and you decline to admit you are (remain silent), and at some point the judge finds out you ARE, in fact, a NRA member, could the judge hold you in contempt and jail you? Are prosecutors allowed to investigate jurors (to find out about NRA membership?) While I have understood jury nullification and supported it for decades, I have yet to be summoned for jury duty and therefore, have not been in a situation to exercise that duty. However, it would seem an arrogant judge could make life very difficult for those who would "challenge" his authority.

    • har82

      Usually an answer of - jury tampering - might quell something like that. And it is indeed - jury tampering - .Plain and simple.
      Technically , they are not allowed to ask what your political or religious views are. That in itself - negates - a true jury of ones peers.

      But , judges and lawyers pay little attention to - law - that does not suit them ,, and their intentions lol.

  • Canadianlady

    This could work if you could find a panel of Americans who could agree on anything.

  • BigUgly666

    Nullification by the jury is not just a Right possessed by the jury - it is their DUTY when any "law" violates any part of the Organic Law (the articles of Confederation, the Northwest Ordinance, the Declaration of Independence, the Constitution for these United States of America).
    No "judge" can tell the jury "how to find" - the "judge" CANNOT INSTRUCT THE JURY UNLESS THE JURY REQUESTS A CLARIFICATION OF "THE LAW". The judge is there, simply to insure the "Law" (see above) is upheld AS WRITTEN. Remember - any "law" that violates the Constitution, or any other Organic Law, is NOT A LAW AND NEED NOT BE OBEYED.
    You have NO RIGHTS unless you are willing to fight for those Rights.

  • ARMYOF69

    So far all I have seen is a selfish egotistic man who wants to enforce his VERY OWN laws on us , a REPUBLIC , not a DEMOCRACY. Has buried the Constitution, and made totally ineffective our only representative house. He has in fact become a DICTATOR. And, there seems to be no one who knows how or wants to at least remove him from office before we become a full fledged banana republic.

    • buddy

      hello :) i'm prepared for battle if/when the time comes... and "we" can only become a banana republic if we allow it

    • ARMYOF69

      I'll be there, if it starts somewhere, with a few more alongside of me.

    • wisewoman

      Have you read what Lord Monckton has written about Obama's birth certificate and thus his eligibilty to be our president? I read of this birth certificate being fraudulent (thus Obama a fraud as president), but I wonder if anyone is actually DOING anything about this. It should be front page news instead of an unreported article on this web site. Why? If Lord Moncton is correct, there should be a hue and cry coming from every direction. This is an area where :there seems to be no one who knows how or wants to at least remove from him from office". Does anyone know where to start?

  • Raymond

    A tourist climbed out of his car in downtown Washington, DC. He saw a man standing near the curb, and asked, "Listen, I'm going to be only a couple of minutes. Would you watch my car while I run into this store?" "What?" the man huffed. "Do you realize that I am a member of the United States Senate?" "Well no," the tourist said, "I didn't realize that. But listen, I'm really in a bind so I'm going to have to trust you anyway."

  • Raymond

    Bill Clinton said, “I didn’t inhale.”

    Barack Obama says, “I didn’t inject.”

  • Raymond

    An Obama supporter who was on the fringes of good died and was met at the gates of Heaven by St. Peter. "As is our custom, you will spend one day in Hell and one day in Heaven then choose where you will spend eternity."

    The newly deceased breathed a sigh of relief and answered, "I can tell you right now that I am honored to be good enough for Heaven and that is my choice."

    St. Peter shook his head in the negative and replied, "Rules are rules. Prepare for your 24 hours in Hell."

    An elevator appeared and whisked the deceased downward, then with a thud, the doors opened and he looked out upon a massive gold structure with opened gates, and there were Obama signs and supporters everywhere without one McCain anywhere. They all welcomed him and had a feast, lots of kool-aid spiked wine, and they had every wish granted instantly.

    After 24 hours, the elevator appeared and he deceased waved to his friends and was whisked away upward to Heaven. There was instant calm and peace as people greeted him with a quiet nod and went about their business. For 24 hours, he heard soft music and laughter, and noticed that everyone seemed to have a job to do, a purpose to fulfill.

    St. Peter appeared and said: "Well, what is your choice?" he asked. The Obama supporter smiled broadly and replied: "I appreciate quiet of Heaven, but I think I’m more suited to the good times to be had in Hell, so that’s my decision." He replied.

    St. Peter nodded and the elevator appeared. When he reached Hell and the doors opened, the Obama supporter heard screams of horror and despair, saw his friends running from strange foreign animals who chased them with torches to set them on fire.

    The devil put a hand on his shoulder and said in a booming voice, "Welcome".

    What happened? Yesterday, there was a country club here and the people were having a big party." the Obama supporter cried.

    The devil glared at him, "Well, yesterday we were running for office. Today, we were elected."

  • Raymond

    A teacher in Boston, Massachusetts asked her 6th grade class how many of them were Obama fans.

    Not really knowing what an Obama fan is, but wanting to be liked by the teacher, all the kids raised their hands except for Little Johnny.

    The teacher asked Little Johnny why he has decided to be different.

    Little Johnny says, 'Because I'm not an Obama fan.'

    The teacher says, 'Why aren't you an Obama fan?'

    Johnny says, 'Because I'm a Republican.'

    The teacher asks him why he's a Republican.

    Little Johnny answered, 'Well, my mom's a Republican and my dad's a Republican, so I'm a Republican'

    The teacher asks, 'If your mom was a moron and your dad was an idiot, what would that make you?'

    With a big smile, Little Johnny replies, 'That would make me an Obama fan."

  • Raymond

    Have you heard about McDonald's new Obama Value Meal? Order anything you like and the guy behind you has to pay for it.

  • Raymond

    OBAMA HEALTH CARE PLAN

    Your annual breast exam is done at the airport.

    Directions to your doctor's office include "Take a left when you enter the trailer park."

    The tongue depressors taste faintly of Fudgesicles.

    The only proctologist in the plan is "Gus" from Roto-Rooter.

    The only item listed under Preventive Care Coverage is "an apple a day…"

    Your primary care physician is wearing the pants you gave to Goodwill last month.

    "The patient is responsible for 200% of out-of-network charges," is not a typographical error.

    The only expense covered 100% is "embalming."

    Your Prozac comes in different colors with little M's on them.