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Three(+) Link Thursday!

Hello John,

Due to the Thanksgiving holiday, some technical issues while I was away on travel, and the rush to get the calendar (yes! we have one!) to the printer, I haven't sent a Three Link Thursday email in a bit. Consequently, I will have a few bonus links for you this week!

Speaking of those calendars... I have the calendars in hand and am setting up my table for stuffing and labeling envelopes this week! I'm hoping to get them all in the mail before my birthday on the 21st. Fingers crossed!

Once again, THANK YOU so much for creating more fully informed jurors through your support of FIJA's educational outreach programs, publications, research, and other efforts!

Now on to this week's links:

1

What Does Michigan Law Say About Jury Nullification? ([link removed])

FIJA disagrees with the idea that jury nullification is a power and not a right. We believe it is well-established as a right. However, this article does a good job of explaining the current legal situation as regards jury nullification in the state of Michigan.

It also ends with a reminder that "if we accept that the jury is a final check in an elegant system of checks and balances, then as we continue to grapple with this issue, we will do well to remember that a runaway jury is far less dangerous to our liberty than is a runaway government."

2

El Paso Judge Dismisses Capital Murder Case ([link removed])

Someday I may no longer be surprised at the depravity of those wielding the power of government against us. Today is not that day.

This link details a case that was recently dismissed against a man accused of murder. Long story short: the prosecutor failed to work the case in a timely manner, seemingly expecting to get an easy pass on speedy trial rights when it came time for the trial.

It seems that, initially, the accused was offered release from jail on his own recognizance to buy the prosecutor more time. But when he apparently refused to forfeit his right to a speedy trial, just 72 hours later the prosecutor upped the ante by turning around and charging him with capital murder and threatening him with the death penalty.

I don't think very many people would like to see a family denied justice and a killer go free if this person actually were guilty. I certainly don't like that idea. However, let's take a look at it from the other direction. What did the government agent from the DA's office do, if not threaten to murder this man by overcharging him solely for exercising his Constitutionally-guaranteed right?

I feel confident in predicting that it would be lucky if this government agent were even fired, that it would be incredibly lucky if they lost their license to practice law, and that it is virtually certain that they will not be criminally charged for this. If there cannot be appropriate consequences for abuse of this level—threatening a person's life for exercising their Constitutional right while abusing their power as a government official to get away with it—how else can the right to speedy trial be upheld?

Here's a bonus link to another news story ([link removed]) on this containing additional details.

3

Plea Bargaining and Police Oversight ([link removed])

This short 6-ish minute video explains how government's standard practice of bullying people out of their trial by jury enables all sorts of police and prosecutorial misconduct. Take, for instance, the Baltimore Gun Trace Task Force scandal. Learn how this system with plea bargains as the rule and trials by jury as the exception enables scandals such as this one and "makes police accountability near impossible," according to Somil Trividi, senior staff attorney for the ACLU Criminal Law Reform Project.

Bonus Links

The Pandemic Might Be Producing Juries That Are More Likely to Convict ([link removed])

This is a detailed opinion piece by civil rights and criminal justice columnist Radley Balko delving into how representative or not juries may be since the start of the pandemic. FIJA has a subscription to The Washington Post, and that comes with a limited number of "gift" links we can share with others. This "gift" link should allow you to read the article without a paywall for a few days after I send this.

The Unconstitutional Convictions You Don ([link removed])

Unfortunately, this one's behind a paywall. FIJA does not have a Wall Street Journal subscription, so I haven't read it. However, based on what I know about the two authors and their work on this topic, I expect it will be a worthwhile read on how plea bargainst have driven trials by jury to the brink of extinction.

That may not be all the news that's fit to print, but that's all the news I have for you today!

For Liberty, Justice, and Peace in Our Lifetimes,

Executive Director
Fully Informed Jury Association

P.S. Since we were not able to afford the calendar printing and mailing last year, I will be mailing these to all of our donors of $25 or more in either 2021 or 2020. If you haven't yet made a donation, you can chip in by clicking the orange button below, and you'll be added to the list for the calendar mailing. 

Donate Now ([link removed])





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