He's Right of Right!!!
Brian has an important post about the reality of "Jury Nullification."
Are you familiar with "Jury Nullification?" If not then this is especially vital to read and comprehend.
The True POWER And The RIGHT of The JURY
Why Judge Fogleman needs to be voted out of office
I am doing this for two reasons. First it is my duty to inform my fellow citizens of the truth. Second this is to inform the voters of Arkansas of an Arkansas Supreme Court Candidate who doesn't believe the truth about Jury Nullification. That man is Judge John N. Fogleman.
I had a discussion with Mr. Fogleman in Clinton Arkansas on March 13th 2010 over Jury Nullification. I asked the Judge if he believed in Jury Nullification and he said no he does not, because they are only to judge the facts of the case, (not the validity of the law).
I challenged him over the issue because our founding fathers have said the Jury has the right to judge both the law and the facts. The Judge challenged me back with his version of the facts and that Mr. Thomas Paine is a founder that would support his view. I responded with some other founding fathers to support my view.
NOTE: Not all the founding father agreed on all the issues. Jury nullification was decided by consensus.
We ended the discussion with an agreement to research the matter: "The Power and the Right of the Jury to judge both the law and the facts is the issue that will be decided." I just hope that Mr. Fogleman has done his own research to double check himself. I also hope that upon the facts I have found that he would change his position. If he changes his position then a citizen should consider voting for him. However, if he does not amend his erroneous view, then a citizen should not vote for him because that would be re-installing a judge who does not uphold the Constitution.
You may be asking why are you doing this? I am doing this because the truth needs a crusade and I am a firm believer that the "Truth is not always in the majority." Just because the majority says so does not always make it right or the truth. Also this has to do with tyranny and liberty. His position is one of tyranny (It may not be purposeful but his viewpoint could be one of ignorance.) My position is one of freedom, liberty, and the American way and these liberties are in jeopardy in direct proportion to the deviation from the Constitution.
I have collected the quotes from several sources to keep from being accused of cherry picking. The founding Fathers, Supreme Court Justices, Court Rulings, news articles, and The JURY HANDBOOK.
First here is some quotes from some founding fathers and etc.
"The jury has a right to judge both the law as well as the fact in controversy."
John Jay, 1st Chief Justice U. S. Supreme Court, 1789.
"The jury has the right to determine both the law and the facts."
Samuel Chase, U. S. supreme Court Justice, 1796, Signer of The unanimous Declaration.
"The jury has the power to bring a verdict in the teeth of both law and fact."
Oliver Wendell Holmes, U. S. supreme Court Justice, 1902.
"The law itself is on trial quite as much as the cause which is to be decided."
Harlon F. Stone, 12th Chief Justice U. S. Supreme Court, 1941.
"The pages of history shine on instances of the jury's exercise of its prerogative to disregard instructions of the judge..."
U. S. vs. Dougherty, 473 F 2nd 1113, 1139, (1972)
"Why do we love this trial by jury? Because it prevents the hand of oppression from cutting you off... This gives me comfort-that, as long as I have existence, my neighbors will protect me."
Patrick Henry (Elliot, 3:545, 546).
Links for verification: HERE, HERE, HERE, HERE, and HERE.
You see it is you the jury that have the final say. Our founding fathers put the power in to the people’s hands. Why? To keep us safe from bad law and tyranny of the government. It was also to protect us from corrupt judges, prosecutors, city councils, city boards, county boards, county quorum court, state legislatures, and federal legislatures.
Consider and ponder.
Labels: Brian's Blast