The Judicial Crackdown on Jury Rights Activists in Florida
A Florida judge's attempt to shut down Fully Informed Jury Association activists is a tyrannical move that could set an ominous precedent for free speech. by Darren Wolfe
(libertarian)
Thursday, February 3, 2011
It would appear that a judge in Orlando, Florida, Belvin Perry, Jr. , likes his juries not to know that they have the option to nullify the law. He has put out an administrative order "GOVERNING EXPRESSIVE CONDUCT TOWARD SUMMONED JURORS". The order may be read in its entirety here.
Fully Informed Jury Association (FIJA) activists have been tireless in their efforts to educate Florida juries of their power to nullify the law if they disagree with it or its application. Otherwise juries would be reduced to mere rubber stamps with the government able to convict anyone of anything they choose to make illegal. This is an established principle of law.
The judge is claiming that FIJA activists are trying "to influence summoned jurors as they enter the courthouse" by handing them brochures. (Actually, the brochures are handed out to all who enter or leave the courthouse.) The brochures don't tell jurors how to vote on specific cases they merely inform them of one of their options. Sadly, the judge's view is that "Such occurrences severely impact the court's ability to conduct the efficient, prompt, and proper administration of justice". Therefore, stopping the FIJA activists' exercise of free speech "is necessary to serve the State's compelling interest in protecting the integrity of the jury system". With this Orwellian statement judge Perry has given himself away. What could possibly be more conducive to "protecting the integrity of the jury system" than informing juries of one of their powers? Does the judge not want to see the jury system working as it should, as a check on tyrannical government? It would seem not, otherwise he would welcome the FIJA activists educational efforts at his court. Obviously, the judge likes his juries obedient and easily manipulated.
The national leadership is calling on all Florida FIJA activists to stop their outreach efforts until this repressive administrative order is set aside. (The full FIJA response to this outrage can be read here.) This is a sad time for liberty and one that activists of all political persuasions must take note of. There are many demonstrations at courthouses across the USA, especially anti war ones. If they can shut down the FIJA activists they can shut down all activists. We all need to stand together to restore free speech at the Florida courthouses before it is too late.
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Posted By: Logical Premise
Date: February 5, 2011 01:23:17 AM
What bothers me about their efforts is that they seem to think a random group of people should be able to possibly overturn laws approved by masses of voters. I never, ever bought the concept of nullification because there simply aren't enough protections against jury corruption to make sure any given effort is truly originating with the JURY.
Additionally, prosecutors are NOT allowed to let the Jury know about nullification, but defense attorney's can, which is ... illogical.
Posted By: sarasile
Date: February 5, 2011 01:09:48 PM
This is in reply to Logical Premise’s comment. LP, what do you think a random group of people brought together to hear and decide a criminal complaint is? It is a jury of ones peers and under the common law such a panel has the powor to judge not only the facts of a case, but the law as well. Several states’ constitutions (Indiana is one) specifically state that in all criminal cases the jury is to decide the validity of the law.
This, the jury box, is where we, the people, give our consent to the laws governing us, not the ballot box. Masses of people do not pass laws in this country, legislatures do. And they have passed many terrible laws that this mechanism (jury nullification) allows us to individually pass judgment on. Federal fugitive slave laws are an example of this protection. Grand juries in the northern states would not indict in most cases and allow a prosecution to occur. In those very few cases where the Grand Jury did indict, no petite jury would convict.
Jury corruption can never be a big problem as a jury renders a verdict in only a single case. The real worry is the corruption of judges who hear many cases (bench trials) and preside over many jury trials. Jury nullification is one of the defenses against the corruption of judges.
Prosecutors are often corrupt as well and especially so regarding juries and witnesses. The jury questionnaires filled out by prospective jurors are used by prosecutors to keep those opposed to capital punishment off of capital punishment cases. What is this if not jury tampering? Those opposed to the War On (Some) Drugs are kept off of drug cases. What is this if not jury tampering? Prosecutors routinely make deals with jailhouse snitches to reduce or dismiss charges against them in order to obtain testimony against some other defendant. What is this if not witness tampering?
Florida law has a provision that allows the defense of aiding another person. I am aware of a Florida case where a defense attorney did inform a jury of this in a case where an AIDS Hotline worker gave donated prescription tranquilizers to a man claiming to be distraught and suicidal after being diagnosed with AIDS. He was actually a police vice detective. The defendant was acquitted under the Florida statute because he believed that he was possibly preventing a suicide when he gave the drugs to the officer.
Very few states have a provision such as this Florida statute. Without such a provision defense attorneys are not allowed to inform the jury of their nullification powers. They risk contempt charges and disbarment if they do.
