The Journals of Justus Agenstum: A Journey Thru The Judicial System #3
In the first two segments of these serialized installments we took a look at the judicial system, and discussed what jury nullification is. In this segment we will focus on the charges that should be taken to a jury trial. In short, ALL crimes that are victim-less, should be taken to a jury trial. Victim-less crimes are those which, as the name implies, do not involve the aspect of adversely affecting anyone except the individual charged.
Anybody who finds themselves charged with a victim-less crime should give serious consideration to demanding their rights of having a jury trial. Victim-less crimes, when argued successfully by a respectably reputable defense attorney, will result in jury nullification. That being said, it bears mentioning that although a jury nullifies a law in a court room for a specific case, it does not mean that the law itself has been nullified; it simply means THAT jury found the law inapplicable for THAT case. However, if several similar cases are taken to jury trial, and they all return the same results through a jury nullification process, then the law(s) used to bring the charges will stop being enforced.
Here's why; as stated in early segments, judges and prosecutors prefer "successful" conviction rates, it makes them look good. If similar cases continue to make their way into the court room, only to be dismissed through jury nullification, then those conviction rates are going to start declining, which makes them look bad. It would therefore be in their best interest to discontinue trying those cases, hence a lack of interest in seeing the law(s) for those cases enforced.
One of the hot topics for decades in the United States has been marijuana reform. Marijuana activists, and by activists I refer to anybody in support of using marijuana, medicinally or recreationally, have risked personal freedom and property in defense of their rights to consume a plant. The Draconian laws used to demonize this single plant are both Constitutionally, and morally, objectionable. The use of marijuana has NEVER resulted in a single fatality. The majority of individuals arrested, charged with, and sentenced for marijuana related offenses, involve possession of the plant matter only. If you find yourself facing a marijuana related charge, do NOT become another statistic, consider getting a lawyer and going to trial.
Traffic Citations are another form of victim-less extortion schemes designed to extract a financial compensation from somebody for the sole purpose of generating income for the state. As a matter of fact, a vast majority of traffic citations are issued by an armed representative of the state, who as luck would have it, is guilty of violating the same traffic code with far greater abuse than the individual being targeted. If you ever find yourself receiving a traffic citation, demand your day in court. Quite a few US citizens are unaware that they have the right to take traffic citations to a jury trial, where the results may be a nullification by the jury. The meme below accurately describes the typical hypocrisy involved with being issued a traffic citation.
Unsanctioned gambling is also considered by many to be a victim-less crime. Nobody forces the gambler to place a bet, yet if the state or federal government discovers unsanctioned gambling to be a problem, they will send armed representatives to shut down the operation and arrest those they feel capable of being extorted for financial gain.
In the modern era of America, even being homeless can be considered a crime by the state an individual finds themselves stuck in. The mere situation of being homeless is difficult enough, but once a person finds themselves homeless, almost everything they do can be considered a crime; many of which will be victim-less in nature. When a homeless person urinates, it can be used to bring charges of public urination, and/or indecent exposure. Having no home to return to places a homeless person at risk of being charged with loitering, yet another victim-less crime. Even the mere act of sleeping subjects a homeless person to the possibility of being charged with trespassing. Dumpster diving is a way many homeless people get food enough to survive; it can also lead to charges of theft/trespassing in certain cities and states around the world. If you are unfortunate enough to find yourself homeless and get arrested for any of these victim-less crimes, do yourself a favor and fight for your rights. Demand your day in court, there isn't a jury of your peers heart-less enough to convict you.
I am not an attorney, nor do I play one on the internet. If you have been charged with a non-violent, victim-less crime, then you should conduct specific research regarding the offenses you have been charged with, for the state bringing the charges against you. Remember one thing, if they are offering you a "plea bargain," then there's a pretty good chance they do not have enough to convict you in a jury trial situation. I have personally used the threat of going to jury trial successfully, on two separate occasions, to have charges against me dropped entirely.
Once was for public drunkenness, in which I argued that my arrest stemmed from my refusal to surrender my vehicle keys to my younger brother, who was also too drunk to drive home. I was able to provide supporting evidence in that my brother was also arrested in a different county for DUI later that same night. The second occasion consisted of a marijuana related charge for operating under the influence. Fortunately for me I was on probation at the time and had been clean for several months. The arresting officer was familiar with me and my habits, so he took it upon himself to invent the "aroma of marijuana" permeating from my vehicle. He requested and received a warrant based solely on my probation status (mind you I was on probation for marijuana possession, a case I had accepted a plea deal for prior to educating myself on jury nullification), arrested me and drew blood. My blood work came back with 0% THC, and 5 nanograms of Vicodin, which I had a prescription for. Despite this lack of evidence, I was offered a plea bargain that would have reduced the charges and resulted in nothing more than a 6 month extension to my current probation. I refused and demanded a jury trial. Needless to say all charges were dismissed during the arraignment, by the judge when he was informed of my plea bargain refusal. This is how you make the system work in your favor.
Stay tuned & follow for more of The Journals of Justus Agenstum!
The Journals of Justus Agenstum: A Journey Thru The Judicial System #1 can be found here.
The Journals of Justus Agenstum: A Journey Thru The Judicial System #2 can be found here.