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Bud Landry

History of the Fully Informed jury
By Bud Landry
Mar 30, 2005 - 7:17:00 AM

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Is the fully informed Jury part of our U.S. Constitution?
 
Yes, it dates back to before the days of the signing of our Constitution.  Many famous people have noted this as one of our inherent constitutional rights:
 
Lysander Spooner "An Essay on The Trial By Jury;" 1852

"For more than six hundred years-that is, since the Magna Carta, in 1215, there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right , and their primary and paramount duty, to judge of the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless on violating, or resisting the execution of such laws."
 
"WE THE PEOPLE," must relearn a desperately needed lesson in civics.  The truth of whether or not we have a constitutional right to a Fully Informed Jury has been answered by many testimonies and historical events; 
 
JURY RIGHTS
 
"The jury has the right to judge of 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 Unaminous Declaration of Independence.
 
"The jury has the right 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."
Harlan F. Stone, 12th Chief Justice, U.S.supreme Court, 1941.
 
"The pages of history shine on instances of the juries excercise of it's perogative to disregard the instructions of the judge.
U.S.vs Dougherty, 473F 2nd 1113, 1139, 1972.
 
The Judiciary Committee in Augusta had all this information before it on Mar 16th when they unaminously decided to keep secret the fact their constituents had a right to the knowedge of Fully Informed Jury rights.  While THEY apparently thought they had the honesty and ability to act as jurors with this knowedge they said their constituents did not.  They apparently do not trust their neighbors or their constituents.
 
Bud Landry can be contacted at landry@midmaine.com


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