Yes, There Are Still Patriots In This Country
by Joe?Pulcinella
Thomas Jefferson, Patrick Henry, Samuel Adams...and John Straun. John Who? Please, read this article. Tell EVERYONE to read this article.
Thanks to Digg.
by Joe?Pulcinella
Thomas Jefferson, Patrick Henry, Samuel Adams...and John Straun. John Who? Please, read this article. Tell EVERYONE to read this article.
Thanks to Digg.
The odds are that he committed perjury by swearing to apply the law faithfully when he clearly intended not to. If so, then he is no hero.
No, I do not consider that perjury. But even if it was, he stood up to tyranny and that is always a good thing. He has the right to nullify an unjust law and no man, court or government can take that away from him. He always had the right even if the judge tried to make up new rules on the fly. Granted, governments use their immense power for retribution more than for protection (of us, at least) so in that sense, he's got a lot of balls standing up to the judge much like the signers of the Declaration of Independence has the guts to stand up to George III.
Perjury = false testimony in open court. Even a lunkhead with no legal training like me knows that. Jury nullification is not perjury, it is supported by precedent, and the jury should find as they see fit. The judge has no authority in the jury room, period. Otherwise the jury system is moot and we should just admit we are a fascist dictatorship and be done with it.
Just be careful what you wish for. Imagine being on trial for a "crime" you know isn't right. Say, carrying a handgun. You have a 2nd Amendment right to do so. You know it. I know it. Now imagine worrying if the jury will consider your right to arms, or if jurors who hate guns will question the wisdom of the 2nd Amendment and judge you guilty instead.
But the beauty in all of this is that democratic news aggregators like Digg are allowing these things to surface. Everyday, the John Strauns are looking less and less radical while self-important judges are being exposed as cronies to more and more Americans. "Fight the power, Homer!"
I do like the story. However, the reality of what went on in the jury room was probably more like: Dillard: I don't know WTF Straun is talking about, but if we vote with him, we'll all FINALLY get to go home. All in favor, say 'aye' Jurors: 'AYE' Dillard: Done
I don't doubt it. The jury I sat on was all ready to give out a big cash award with the thinking that someday might be their turn.
Speaking of perjury, should Jessica Lynch be thrown in the stockade for unraveling the official White House charade when she said, "I didn't want to be portrayed as this Rambo fighting machine when I knew it wasn't the truth and it was important to me to always come out and tell the truth."
Bad example - The Second Amendment is not a "Law", it is a PROHIBITION against Congress making a law, BIG DIFFERENCE technically speaking, it explicitly says that Congress has no right to pass any law infringing on the right to own, carry and use firearms, just as the Constitution's silence implicitly says Congress has no right to pass any law infringing on the right to use, posess, etc drugs.