From Kirsten C. Tynan <[email protected]>
Subject Three Link Thursday: juror vaccination status, a new book!, major speedy trial lawsuit
Date September 23, 2021 10:27 PM
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Three Link Thursday!

Dear John,

Good afternoon! This will be a late-day edition of Three Link Thursday because I wanted to finish up the first item I'm sharing with you and get it to you ASAP.

Based on several questions I've been asked recently, this week I've put together a special briefing on discrimination in jury selection based on COVID-19 vaccination status. For that and the rest of my Three Link Thursday selections, read on...

1

What ([link removed]) 

This short briefing outlines basic arguments from many points of view surrounding the increasingly common legal question of whether or not to exclude those who are not vaccinated against COVID-19 from juries.

Please keep in mind that FIJA's wheelhouse is jury rights—not infectious disease, public health, or any other medical question. Consequently, this briefing is not designed to address various medical questions about COVID-19 or vaccinations against COVID-19. 

It is, however, intended to help ensure that discussion of our already nearly extinct jury rights—and our right of jury nullification in particular—get a place in the conversation and are weighed along with other factors as this important and concerning problem is worked out.

2

This new book on jury nullification and more is finally out! ([link removed])

After many changes of public date being listed on Amazon, I pleased to share with you that Professor Michael Huemer's new book entitled Justice before the Law is now available! In this latest work, Huemer argues that when justice and law are in conflict, justice must take priority. You may not be surprised to know that jury nullification gets heavy coverage in this book, as we discussed in a webinar with Professor Huemer earlier this year ([link removed]) (the audio gets significantly better a few minutes in after our guest switches microphones). I don't have dates scheduled yet, but be on the lookout in the coming weeks for an online book discussion group for Justice before the Law.

Full disclosure: the link above is to the Amazon Smile website, which allows you to choose a charity that will get a tiny donation from Amazon (a little over 17 cents in this case, if I've done my math correctly) for each of your eligible purchases. If you don't use Amazon Smile and would like to, you can search for Fully Informed Jury Association (yes, the full name—sorry!) and select us as your charity of choice. If you don't use Amazon Smile and don't want to, you can just replace the word 'smile' in the URL with the usual 'www'. hich of the previously mentioned "buckets" do you think this case likely fits in? Based on what I've read so far, I'm leaning toward classifying this as a probable or possible instance of grand jury nullification, but I'm still reading up on the case.

3

The San Francisco public defender has filed a lawsuit over COVID-related speedy trial violationis. ([link removed])

I cannot repeat this too much:

Without trial by jury, there is no jury nullification!

One of the persistent effects of the COVID-19 pandemic has been the continued denial of the supposedly Constitutionally-guaranteed right to trial by jury—even to those who are behind bars yet remain unconvicted! 

Until now, the most I have seen have been individual cases reviewed for COVID-related speedy trial violations, and those have been relatively easily poopooed by judges. (For more information on how they do that, I refer you to this Frequently Asked Question ([link removed]) on the FIJA website.)

This mass action, though, gives me a little bit of hope that perhaps seeing hundreds of cases in aggregate instead of a handful one by one will give the general public, and perhaps even the courts, a better understanding of how serious the situation has become.

If courts are allowed to treat everything they deem to be "an emergency" as a valid reason to commit mass rights violations such as we are seeing with speedy trial violations, we can expect to live in a perpetual state of emergency where we have virtually no rights. This indefinite detention of untried and unconvicted individuals MUST END.

For Liberty, Justice, and Peace in Our Lifetimes,

Executive Director
Fully Informed Jury Association

P.S. FIJA's educational efforts such as jury rights research, our extensive website resources, webinars on advanced topics, book discussion groups, media monitoring, educational outreach via social media, and more are only possible with YOUR SUPPORT.

We are so grateful to all of you who have donated to support these and other educational outreach programs to create more fully informed jurors! THANK YOU!

Your financial contributions make all these things and more possible. If you would like to help FIJA reach our current fundraising goal to continue this critical work, you can make a donation on our website or get the address to mail in your donation by clicking this button:

Donate Now ([link removed])





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