Jury Nullification

Starting in 2009, I have distributed American Jury Institute pamphlets at courthouses informing juries of their right to judge the law as well as the facts. This is a well established duty of British and American juries. But judges keep it secret from the juries. Along with the pamphlets, I distribute a flyer that reads:

The Judge will instruct the jury that it must uphold the law as he gives it.

He will be lying.

The jury must judge the law as well as the facts.

Juries were instituted to protect the citizens from the tyranny of government.

It is not the duty of the jury to uphold the law.

It is the jury's duty to see that justice is done.

I have distributed the literature 64 times at 38 U. S. courthouses. I have been arrested 14 times at 4 courthouses for doing this, 11 times in Manhattan, NY, because it violates a Department of Homeland Security regulation against distributing literature on federal property, The U. S. attorney office dismissed the cases in Manhattan and Newark, NJ. In Springfield, MA, the court has let the matter die, since on a second recent distribution, I was observed by guards, but not approached. In Santa Ana, CA, the citation was for disobeying the order of a police officer. That case has not been resolved yet.

Another Department of Homeland Security regulation prohibited taking pictures on federal property. This law was defied by Antonio Musumeci, who took pictures of me. The U. S. attorneys ended this regulation and made an out-of-court settlement with Antonio.

In addition, I have made 16 appearances at 8 county courts. There has been no problem except in Orlando, FL, where Chief Judge Belvin Perry issued two orders forbidding the distribution. Both Mark Schmidter, who runs the distribution in Orlando, and I have been arrested and convicted of contempt of court. He was sentenced to 151 day in jail. I was sentenced to 145 days in jail. In addition we were both fined $250.00. Both cases currently are on appeal.

Others have distributed the American Jury Institute literature at the courthouses in Summit, NJ; Montgomery County, PA; Fort Worth, TX; and all the county courthouses in NH. No arrests have been made at any of those courthouses.

Detailed descriptions of the distributions appear at:

http://www.personal.psu.edu/faculty/j/p/jph13/FIJADemonstrations.html