Judge Jack B. Weinstein Quote

“Nullification is but one legitimate result in an appropriate constitutional process safeguarded by judges and the judicial system. When juries refuse to convict on the basis of what they think are unjust laws, they are performing their duty as jurors.”

~ Judge Jack B. Weinstein

Considering
Jury “Nullification”: When May and Should a Jury Reject the Law to do Justice?, 30 Am. Crim L. Rev. 239, 240 (1993)

Ratings and Comments


Mike, Norwalk

5 + stars for a correct concept in a land far, far away, in another time and space. The quote is accurate enough except for the part that says: "safeguarded by judges and the judicial system." (maybe once upon a time, but not now) The occupying statist theocracy infesting this land has given the judges the ability to over turn a jury's decision. Added to that, the judiciary's legal realism - declaring what ever they want for the good of society.

E Archer, NYC

Hear, hear!!

Hey, Mike, I learned recently that in the USA, citizens can call their own grand juries and require the sheriff to arrest the indicted. As well, you don't have to use an admiralty court to try a case, but 3 notaries public have the power of a court. A jury may be selected "of one's peers" -- that means people that know the defendant, and/or are of the same age, same sex, same town, same culture, etc.. And that jury decision will stand and have as much authority as an admiralty court decision. The commercial law jurisdiction (i.e. civil law) is the only jurisdiction the admiralty courts have, and they 'tricked' us into 'voluntarily' binding ourselves to a commercial legal fiction so that we can be prosecuted for not following commercial regulations (which they call 'laws').

The path back to common law is through the use of notaries which keep separate the cases of flesh vs paper - in a commercial court, the entities are all 'paper' - i.e. corporations, non-living, legal fictions. The separation of common law and corporate law is what protects the simple individual from the power of a corporate giant - paper cannot sue flesh. All a commercial court is for is to handle contract disputes -- and there were no criminal penalties associated with a commercial court (that is before FDR). The common law courts were criminal courts in which one party claims a violation of right or property of another to seek redress and amends. But only living people, not paper vs people or people vs paper.

Something to look into -- get the 'big' Notary Handbook (not sure the title but I am looking into it). And learning how to call a grand jury is a must for any 'sovereign.'

Mike, Norwalk

Archer, thank you, PLEASE ! ! ! let me know more when you get it. New Hampshire might be a great place to start with that. I don't remember much of way back when but, I think I recall New Hampshire still having a great tie between justices of the peace and notaries.

cal, lewisville, tx

Is this ever explained to a sitting jury?

jim k, austin tx

A good thing to remember if you are ever on a jury.

Wendell, San Antonio

Glad it is "available."

Ron w13, Or

From sea to shining sea !! The judges being held captive to their due, from their quarter ! One must be held accountable for all actions, for, or against, those they represent. if not representative, then adversary . One cannot take bribes and love his family ! Otherwise just a turn coat. Notaries being , a scribe. Juries , divining the law ???? Please !!!

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