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Three Link Thursday!

Dear John,

A big THANK YOU this Thursday to David Polaschek, Jim McKindles, and two other monthly donors who wish to remain anonymous. Another big THANK YOU to Frederick Neumann, Michael Kerner, and one more anonymous donor for individual gifts to support FIJA's mission during this lean season as we approach the end of the year. Your support means so much!

As link #1 below unfortunately illustrates, financial support for FIJA's work is critical to creating more fully informed jurors—the government certainly isn't going to do it. If you haven't chipped in to the Fall Fundraiser, would you help reach 25% of the $10,000 goal this week with a monthly or a one-time donation?

Donate Now ([link removed])

THANK YOU SO MUCH for your support! 

Now onto the links...

A couple of weeks ago, I said that I liked my bad news first and my good news last. I was then delighted to give New Jersey "bottom billing" for their state Supreme Court's unanimous ruling ending acquitted conduct sentencing in their state courts.

Sadly, New Jersey's state supreme court this week gets top billing for a bad ruling regarding jury nullification. 

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State of New Jersey v. Marion Pearson ([link removed]) (.pdf)

Clicking the above link will either download or open in a(nother) browser tab the .pdf file of a recent ruling from the Appellate Division of the Superior Court of New Jersey.

Marion Pearson was convicted in a trial by jury of three victimless offenses—two for possession of a handgun and one for possession of ammunition. Upon arrest in New Jersey, Pearson showed police his Georgia permit to carry.

Prior to trial, the prosecution moved and the judge granted the motion to disallow the accused from telling the jury anything about his valid Georgia permit. The trial judge specifically stated that such evidence was "irrelevant for the determination of the elements of the offense . . . . It could only serve to act as a potential argument for juror nullification."

This was one of three grounds upon which the accused appealed his conviction, but the appellate court barely commented on it, disdainfully writing, "Defendant also contends that the court erred in preventing him from proffering for the jury's consideration his Georgia license to carry weapons. We consider this point to be so lacking in merit as to not warrant much discussion in a written opinion."

This was followed by just a single paragraph, in the heart of which the judges excoriate jury nullification, writing that "Our courts have long decried jury nullification—the power to arbitrarily convict one while acquitting another—as "the power to act against the law, against the Legislature and the Governor who made the law" and "absolutely inconsistent with the most important value of Western democracy, that we should live under a government of laws and not of men.""

That's some serious disrespect coming from a court of the state known among other things in legal history for the incredible jury nullification trial of the Camden 28—a trial which Supreme Court Judge William Brennan called "one of the great trials of the 20th century."

I'm filing this under Disappointing, but Not Surprising. It is another reminder that since government will not properly inform jurors of their rights and responsibilties, it is up to you and me to educate prospective jurors in our communities.

What can you do today to create another fully informed juror in your community?

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Punishment without Trial: Why Plea Bargaining Is a Bad Deal
A Conversation with Carissa Byrne Hessick ([link removed]) 

Okay, enough of that depressing hooha. THIS ONE IS GOOD!

The above link will take you to a recording of a very informative interview with Professor Carissa Byrne Hessick, author of the just-released book Punishment without Trial: Why Plea Bargaining Is a Bad Deal ([link removed]).

For those who prefer reading to watching a video, clicking the title in the last sentence will take you to the Amazon Smile page for the book if you'd like to snag a copy. I am currently trying to figure out where in the calendar we can fit in a virtual reading group on this book.

Why might you want to watch or read this? First and most obviously, there is a lot of very understandable explanation of criminal legal processes like plea bargains and pretrial detention, especially how they undermine the right to trial by jury. Even better, they discuss jury nullification! For those who want to cut right to the chase, go ahead and skip to about 29 minutes into the video for that discussion.

The biggest new thing I learned was that some of our modern criminal legal rules are there because of jury nullification or the potential for jury nullification. WOW. I did NOT know that! If you get a chance to view the video, I'd love to hear what stood out for you as a I prepare for the virtual reading group.

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Coming up next week!

From the Community to the Courtoom:

Increasing Diversity and Access to the Jury Box ([link removed]) 

Many thanks to Professor James Binnall for passing along information on this upcoming three-part webinar that is free and open to the public. Simply click the link above to register if you'd like to participate.

Strengthening the Sixth presents these hour to an hour and a half webinars over the course of three days beginning October 19 to discuss in depth:

Why Diverse Juries Matter in Theory and in Practice

Ways to Increase Inclusiveness and Access to the Jury Box

Batson v. Kentucky, Its Shortcomings, Solutions, and Reforms

It's not clear how much or whether these topics will intersect with our focus area of jury nullification. However, it's always worth keeping an eye out for changes to the jury system that could directly or indirectly affect the ability of fully informed jurors to be seated and stay on juries and to conscientiously exercise their right of jury nullification to deliver just verdicts. 

Though I do not specifically know if this will be included, Arizona's recent change to prohibit peremptory challenges seems like it might get some coverage in one or more of these discussions. And with Professor Binnall—who was kind enough to join us for a webinar earlier this year ([link removed])—on one of these panels, certainly restoring the right to serve on juries to those who have been convicted of felonies will be on the agenda as well.

And that wraps it up for this week's Three Link Thursday. All my best to you from now snowy (a few flakes today, anyway) Montana!

For Liberty, Justice, and Peace in Our Lifetimes,

Executive Director
Fully Informed Jury Association





P.O. Box 5570 | Helena, MT 59858 US

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