1994 Interview with Ed Brown: Defense Militia Builds NH Base
By SHAWNE K. WICKHAM
Sunday News Staff
Thursday, Jan. 18, 2007
PLAINFIELD - Edward L. Brown, 52, is a consultant in the extermination business by trade. But the menace he is trying to warn people about these days is of the human variety.
Brown is the spokesman for the Constitution Defense Militia, one of numerous ''unorganized'' citizen militia groups forming around the country in response to what they say is a well-orchestrated and far-reaching conspiracy to deprive Americans of their liberty and even lives.
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PATTERN CRIMINAL
JURY INSTRUCTIONS
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Chapter 1.00
GENERAL PRINCIPLES
Committee Commentary 1.02
2005 Edition
The Committee made no change in the instruction.
A panel of the Sixth Circuit quoted paragraph (4) of this instruction and stated that it cured any confusing statements made by the district court during voir dire. United States v. Okeezie, 1993 WL 20997 at 4, 1993 U.S. App. LEXIS 1968 at 4 (6th Cir. 1993)(unpublished).
1991 Edition
The jurors have two main duties. First, they must determine from the evidence what the facts are. Second, they must take the law stated in the court's instructions, apply it to the facts and decide whether the facts prove the charge beyond a reasonable doubt. See Sparf v. United States, 156 U.S. 51, 102-107, 15 S.Ct. 273, 39 L.Ed. 343 (1895); Starr v. United States, 153 U.S. 614, 625, 14 S.Ct. 919, 923, 38 L.Ed. 841 (1894).
The jurors have the power to ignore the court's instructions and bring in a not guilty verdict contrary to the law and the facts. Horning v. District of Columbia, 254 U.S. 135, 138, 41 S.Ct. 53, 54, 65 L.Ed. 185 (1920).
But they should not be told by the court that they have this power.
United States v. Krzyske, 836 F.2d 1013, 1021 (6th Cir.), cert. denied, 488 U.S. 832, 109 S.Ct. 89, 102 L.Ed.2d 65 (1988); United States v. Avery, 717 F.2d 1020, 1027 (6th Cir.1983), cert. denied, 466 U.S. 905, 104 S.Ct. 1683, 80 L.Ed.2d 157 (1984); United States v. Burkhart, 501 F.2d 993, 996-997 (6th Cir.1974), cert. denied, 420 U.S. 946, 95 S.Ct. 1326, 43 L.Ed.2d 424 (1975).
They should instead be told that it is their duty to accept and apply the law as given to them by the court. United States v. Avery, supra at 1027.
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