Wednesday, February 21, 2007

ED BROWN REFUSED TO PARTAKE IN A FEDERAL TRIAL WHEN THE COURTS USURPED THE POWERS OF THE JURY

This is the "Keep It Simple and Smart" (KISS) message that everyone needs to spread far and wide:

The courts, by using these pattern criminal instructions - see below - are violating our 6th Amendment Right of Due Process and a fair trial.

U.S. Constitution: Sixth Amendment
Sixth Amendment - Rights of Accused in Criminal Prosecutions

Amendment Text | Annotations

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

PATTERN CRIMINAL
JURY INSTRUCTIONS

_______________

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 LEXIS 1968 at 4 (6th Cir. 1993)(unpublished).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.


For more information about this Due Process "right" guaranteed under the 6th Ammendment please visit the Fully Informed Jury Association at this link.

6 Comments:

Blogger Joey Smith said...

Nice try at spin, but the truth is that Ed and Elaine Brown had a chance to put on a defense (and appeal if the judge wrongfully excluded any evidence), but cowardly refused to do so and are now convicted felons.

11:11 AM  
Blogger AMERICA: FREEDOM TO FASCISM said...

No "spin" here Joey. Read the pattern jury instructions. It's all in black and white.

11:25 AM  
Blogger Joey Smith said...

What spin? Ed and Elaine COULD have put on a defense, but did not.

Ed and Elaine CAN still appeal, not that it will go very far since they didn't put on a defense.

They screwed up, bigtime. Deal with it.

12:05 PM  
Blogger kosmic said...

(Joey Smith said...

What spin? Ed and Elaine COULD have put on a defense, but did not.)

What part of "denied" don't you understand you twit.

Get up to speed here or get lost!!

12:42 PM  
Blogger bulletinman said...

The Brown's never hada fair trial, the whole thing is a fraud. The people in power know this and they are out of control. This is on every level, Federal, State and Local. They are all a bunch of crooks and need to be removed, I would rather see them just quit, but should they refuse then we have ways of making them go-away. That is plan #2

2:10 PM  
Blogger Joey Smith said...

Looks like all the chickenpatriots are coming out of the closet again, just like they did after Irwin Schiff conviction, huffing and puffing that they are going to do this or that when we all know exactly what they will do: Nothing.

3:50 PM  

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