FIJA-SC Fully Informed Jury Association of South Carolina
P.O. Box 7814, Columbia, SC 29202 
FIJA-SC@newbanner.com
803-798-2278

This is exactly what Erskine Distributed outside the Courthouse on December 1, 2003.
Click here for typed out version for easier reading.

JURY TAMPERING?
A JURY’S Rights. Powers and Duties:
The Charge to the JURY in the First JURY Trial before the *supreme Court of the U. S.
Illustrates the TRUE POWER OF THE JURY.
In the February term of 1794, the supreme Court conducted a JURY trial and said
... it is presumed, that the juries are the best judges of facts: it is. on the other hand, presumed that the courts are the best judges of
law. But still both objects are within your power of decision.”

‘You have a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy”
(State of Georgia vs. Brailsford. et al. 3 Dall. I)

“The JURY has an unreviewable and unreversible power . . . to acquit in disregard of the instructions on the law given by trial judge (emphasis added)
U.S. vs. Dougherty. 473 F 2nd 1113. 1139 (1972)

Hence, JURY disregard of the limited and generally conviction-oriented evidence presented for its consideration, and JURY disregard for what the trial judge wants them to believe is the controlling law in any particular case (sometimes referred to as “JURY lawlessness”)* is not something to be scrupulously avoided, but rather encouraged. Witness the
following quotation from the eminent legal authority above-mentioned: “Jury lawlessness is the greatest corrective of law in its actual
administration. The will of the state at large imposed on a reluctant community, the will of
a majority imposed on a vigorous and determined minority, find the same obstacle in the local JURY that formerly confronted kings and ministers.” (emphasis added)
(Dougherty. cited shove, note 32. at 1130.)

*Supreme is not capitalized in the Constitution, however Behavior is.
Art, III.

*Jury lawlessness means willingness to nullify bad law

 In a jury trial the real judges are the JURORS! Surprisingly, judges are actually just referees bound by the Constitution!
Lysander Spooner wrote as follows:
"Govemment is established for the protection of the
weak against the strong. This is the principal, if not the sole
motive for the establishment of all legitimate government.
It is only the weaker paryy that lose their liberties, when a
government becomes oppressive. The stronger party, in all governments are free by virtue of their superior strength. They never oppress themselves. Legislation is the work of this stronger parts, and if, in addition to the sole power of legislation, they have the sole power of determining what legislation shall be enforced, they have all power in their hands, and the weaker party are the subjects of an absolute
government. Unless the weaker party have a veto, they have no power whatever in the government and... its
liberties... The trial by jury is the only institution that
gives the weaker parts any veto upon the power of the
stronger. Consequently it is the only institution that gives
them any effective voice in the government. or any guaranty against oppression.
Essay on the Trial by Jury


JURY RIGHTS
‘The jury has a right to judge both the law as well as the fact in controversy."
John Jay, 1st Chief Justice
U.S. supreme Court. 1789

“The jury has the right to determine both the law and the facts.”
 Samuel Chase. U.S. supreme Court justice, 1796, Signer of The unanimous Declaration

“The jury has the power to bring a verdict in the teeth of both law and fact.”
Oliver Wendell Holmes.
U.S. supreme Court Justice. 1902.

“The law itself is on trial quite as much as the cause which is to be decided.”
Harlan F. Stone. 12th Chief Justice U.S. supreme Court. 1941.

“The pages of history shine on instances of the jury’s exercise of its prerogative to disregard instructions of the judge.
U.S. vs. Dougherty. 473 F 2nd 1113. 1139. (1972).
        ----------------

Almost every JURY in the land is falsely instructed by the judge when it is told it must accept as the law that which is given to them by the court, and that the JURY can decide only the facts of the case. This is to destroy the purpose of a Common Law JURY, and to permit the imposition of tyranny upon a
people.


“There is nothing more terrifying than ignorance in action." --  Goethe
— engraved on a plaque at the Nasal War College

“To embarrass justice by a multiplicity of laws, or to hazard it by confidence in judges. are the opposite rocks on which all civil institutions have been wrecked.” --Johnson 
— engraved on Minnesota State Capitol Outside the Supreme Court Chambers

"...The letter killeth, but the spirit giveth life.”
11 Corinthians 3:6

“It is error alone which needs the support of government. Truth can stand by itself.”
Thomas Jefferson

The JURY’S options are by no means limited to the choices presented to it in the
courtroom. “The jury gets its understanding as to the arrangements in the legal system from more than one voice. There is the formal communication from the ‘judge.’ There is the informal communication from the total culture— literature; current comment, conversation;
and, of course, history and tradition.”
 (Dougherty, cited above at 1135.)		 LAW OF THE LAND
The general misconception is that any
statute passed by legislators bearing the appearance of law constitutes the law of the
land. The U. S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for a law which violates the Constitution to be valid. This is succinctly stated as follows:

‘All laws which are repugnant to the
Constitution are null and void.’ Marbury vs.
Madison. 5 US (2 Cranch) 137. 174, 176, (1803)

‘Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.”
Miranda vs. Arizona, 384 US 436 p. 491.

“An unconstitutional act is not law; it confers no rights; it imposes no duties; affords
no protection; it creates no office; it is in legal contemplation, as inoperative as though it had
never been passed.”
Norton vs. Shelby County
118 US 425 p. 442

The general rule is that an unconstitutional statute, though having the form and
name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its
enactment, and not merely from the date of the decision so branding it.

“No one is bound to obey an Unconstitutional law and no courts are bound to enforce it.
16 Am Jur 2d, Sec 177
late 2d. Sec 256


LAW OF TUE LAND
The general misconception is that any statute passed by legislators bearing the
appearance of law constitutes the law of the land. The U. S. Constitution is the supreme law of the land, and any statute to be valid, must be in agreement. It Is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:

The general rule is that an unconstitutional statute, though having the form
and name of law, is In reality no law, but is wholly void, and ineffective for any
purpose; since unconstitutionality dates
from the time of its enactment, and not merely from the date of the decision so branding It. An unconstitutional law, In
legal contemplation, is as Inoperative as
if it had never been passed. Such a
statute leaves the question that It pur-
ports to settle just as it would be had the
statute not been enacted.

Since an unconstitutional law is void, the general principles follow that it
imposes no duties, confers no rights, creates no office, bestows no power or
authority on anyone. affords no protection, and justifies no acts performed under it...

A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, Insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.

No one is bound to obey an unconstitutional law and no courts are bound to enforce It.
Sixteenth American Jurisprudence
Second Edition, Section 177