Saturday, May 31, 2014

Incoherence and the Antidote

I have written two posts wherein I cite ridiculous decisions handed  down by judges.  These decisions were based on the codified law and to our modern, malformed judges, they were the only decisions possible since the laws are "unquestionable".  To these ungodly government minions, the law holds a higher place than God or of the people because they were written and established by the legislative process which must emanate from the "will of the people".  If it is a law, it is binding and any controversy in trial must be solely settled on how the facts accord with the law.

 The grave error here is to assign an infallible nature to that will-o-wisp which we call the "will of the people".  In fact, the surest way to create error and conflict would be to assign any decision of serious import to any committee, which is what a legislature is, a high minded committee.  An illustrative joke asks the question. "Where did the camel come from?", to which the answer is, "It is a horse designed by a government committee."  There are many, many laws on the books which are simply wrong.  Worse, there have been many proper laws which have been stricken from the books by these lords-of-the-bench, such as laws against abortion and sodomy just to name the nastiest two examples.

In these United States, where we have had our state and national legislatures turn against us and our executives enforcing these bad laws with the power of the police, our citizens have one more peaceful weapon in our arsenal.  We have the power of the jury.  This was no afterthought on the part of our founding fathers.  They experienced first hand the tyranny of judges and bad law and they designed the final stop gap, the jury of our peers.  In the court room a jury has the final say of conviction.  If the jury acquits, the defendant is free regardless how strongly the judge opposes the acquittal.  This is the most powerful insurance against tyranny we have and sadly, the most under appreciated.

Today, our citizens regard jury duty as a nuisance and a trivial exercise.  This may be because that is what we have been told by those judges, who universally, find juries to be a pain in their side.  Remember, we are there to oppose them in the exact manner that the House of Representatives (people) was designed to oppose the Senate (government pros).  Everyone likes a monopoly on power and judges are no different.  It is our responsibility to educate ourselves and to present ourselves to jury duty, when summoned, with a sincere hope of serving and rendering justice.  What the judges will tell you is that you have no authority over the law and that you are there to merely settle the facts.  That is a LIE.  That is in direct conflict with reason and history.  If we see a poor fellow citizen being railroaded out of life or property based on an arbitrary and unjust law, it is our solemn duty to oppose it and as a jury, to acquit, the judge be damned.  The legal term for this is Jury Nullification and it is our last hope.

If you find yourself charged with a serious offence to the law, you should stand firmly on your right of trial by a jury.  The prosecutor will threaten  you with harsh penalties if you force them to go to a jury, he will sweeten the deal with a lesser sentence of you plead guilty and save him the trouble.  He will remind you that the facts convict you under the law and a jury will have no choice but to agree.  These are their most common lies which have stolen from us our precious right of jury in millions of cases.  These lies have allowed these prosecutors to lock away millions of our fellow citizens without even a cursory nod from us.

Our nation is quickly succumbing to the police state mentality.  We must oppose this trend and serving on a jury as an informed and assertive citizen is one of our most powerful means of doing so.

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