Time: Tue Oct 14 08:07:30 1997
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Date: Tue, 14 Oct 1997 07:59:15 -0700
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From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Collection of Thoughts, Page 5, 10/14/97

>THEOPHILUS PARSONS (2 Elliot's Debates, 94; 2 Bancroft's
>History of the Constitution, p. 267): "If a juror accepts as
>the law that which the judge states then that juror has
>accepted the exercise of absolute authority of a government
>employee and has surrendered a power and right that once was
>the citizen's safeguard of liberty, -- For the saddest epitaph
>which can be carved in memory of a vanished liberty is that it
>was lost because its possessors failed to stretch forth a
>saving hand while yet there was time."
>WILLIAM KUNSTLER (quoted in Franklin M. Nugent, "Jury Power:
>Secret Weapon Against Bad Law," revised from Youth Connection,
>1988): "Unless the jury can exercise its community conscience
>role, our judicial system will have become so inflexible that
>the effect may well be a progressive radicalization of protest
>into channels that will threaten the very continuance of the
>system itself. To put it another way, the jury is...the safety
>valve that must exist if this society is to be able to
>accommodate its own internal stresses and strains...[I]f the
>community is to sit in the jury box, its decision cannot be
>legally limited to a conscience-less application of fact to
>LORD DENMAN, (in C.J. O'Connel v. R. ,1884): "Every jury in
>the land is tampered with and falsely instructed by the judge
>when it is told it must take (or accept) as the law that which
>has been given to them, or that they must bring in a certain
>verdict, or that they can decide only the facts of the case."
>LYSANDER SPOONER (An Essay on the Trial by Jury, 1852, p. 11):
>"For more than six hundred years--that is, since Magna Carta,
>in 1215, there has been no clearer principle of English or
>American constitutional law, than that, in criminal cases, it
>is not only the right and duty of juries to judge what are the
>facts, what is the law, and what was the moral intent of the
>accused; but that it is also their right, and their primary
>and paramount duty, to judge of the justice of the law, and to
>hold all laws invalid, that are, in their opinion, unjust or
>oppressive, and all persons guiltless in violating, or
>resisting the execution of, such laws."
>CONSTITUTION OF MARYLAND (Article XXIII): "In the trial of all
>criminal cases, the Jury shall be the Judges of Law, as well
>as of fact, except that the Court may pass upon the
>sufficiency of the evidence to sustain a conviction."

Paul Andrew Mitchell, Sui Juris      : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA;   M.S.: Public Administration, U.C.Irvine 02
tel:     (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03
email:   [address in tool bar]       : using Eudora Pro 3.0.3 on 586 CPU 04
website: http://supremelaw.com       : visit the Supreme Law Library now 05
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best 06
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_____________________________________: Law is authority in written words 09
As agents of the Most High, we came here to establish justice.  We shall 10
not leave, until our mission is accomplished and justice reigns eternal. 11
======================================================================== 12
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