Lady Liberty's Constitution Clearing House

 

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John Adams
It is not only the juror's right, but his duty to find according to his own best understanding, judgement, and conscience, though in direct opposition to the instruction of the court. John Adams

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Sixth Amendment

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In all criminal prosecutions, the accused shall enjoy the right to a speedy trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

 

 

In The News Now

January 22, 2007 UPDATE

  • Good newsHigh Court Rejects Calif. Sentencing Law (AP via My Way News 01-22-07) Lady Liberty says: She has to go along with the majority on this one. Juries are supposed to decide this kind of thing, and not judges. If there are aggravating factors, by all means, give a stiffer sentence. But let's make sure we prove those factors existed, shall we?

January 8, 2007 UPDATE

  • Bad newsMayor eyes new curb on gun-law violators Would suspend driving rights (The Boston Globe 01-08-07) Lady Liberty says: What precisely is the mayor of Boston thinking when he suggests expanded punitive measures should be imposed without a hearing? Whatever happened to due process, hmm?

     

The Sixth Amendment
is familiar to many Americans as comprising a large part of "Miranda", the advisory of rights to criminal suspects by arresting law enforcement officers. The amendment was crafted by the founders as insurance of sorts. They wished to provide that no one be punished for a crime without presentation of evidence sufficient to convince a group of unrelated people that he or she is, indeed, guilty. In this way, it was hoped that such motivators for accusation as jealously or revenge would be curbed. In large part, the founders were successful.

Of paramount importance in the jury system
is so-called "jury nullification". Jury nullification in short permits juries to find a defendant not guilty even if he or she broke the law if jurors believe the defendant shouldn't have been charged, or that the law shouldn't have been applied, in this instance. Jurors cannot overturn a law - only a legislative body can do that - but they can refuse to apply it even in spite of a judge's instructions to the contrary. Because trial by jury is such an essential part of our justice system, anyone eligible for jury duty should be familiar with the powers and responsibilities of a juror.

What you can do

Educate yourself so that you're prepared to be a good and constitutionally-oriented juror

If called for jury duty, make every effort to serve. If selected to serve, be as impartial and as fair as you would hope a jury judging you would be.

 

Related Links

American Civil Liberties Union*
The American Jury: Bulwark of Democracy
The Citizens Rulebook Jury Handbook
Jury Nullification and the Rule of Law
Jury Rights Project

The Juror's Website

*Lady Liberty recommends support of the ACLU without reservation where Sixth Amendment issues are concerned.

The Institute for Justice

 
     
Fully Informed Jury Association
       
     


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