Fully Informed Jury Association
Encyclopedia
The Fully Informed Jury Association (FIJA) is a United States
national jury education organization, incorporated in the state of Montana
as a 501(c)(3) not-for-profit organization. FIJA works to educate all citizens on their authority when they serve as jurors. FIJA educates the public, provides commentary on current jury-related cases, and assists defendants with jury authority strategies—including the right to veto
bad laws and the misapplication of laws—by refusing to convict the defendant. The organization was formed in the summer of 1989 by Larry Dodge, a Montana businessman, and his friend Don Doig.
In the U.S., every defendant in a criminal case has the right, under Article III, Section 2 and the Sixth Amendment to the U.S. Constitution, to be tried by an impartial jury. If the defendant is acquitted, the double jeopardy clause of the Fifth Amendment forbids the government from putting him or her on trial again. FIJA advises jurors to vote for acquittal
if they disagree with the law, even if they believe the defendant committed the crime he or she is charged with. This concept is known as jury nullification
.
In August 2005, Nancy Lord, David Brody, Gary Dusselgee and Clay Conrad all retired from the FIJA board at the same time. Julie Sheppard was named as the new Chair, and Don Doig, Phil Graf and Margi Crook were named to the Board.
. FIJA has also launched a "Challenge for Churches" program of jury seminars, focusing on "serving justice through conscience." FIJA has also launched a "Lunch Break for Liberty" program to encourage people to use their lunch break to hand out FIJA pamphlets.
FIJA activists have demonstrated outside courthouses and handed out literature to potential jurors in hundreds of cases. They have generally not been arrested for doing so. FIJA speculates that this may be because "prosecutors have reasoned (correctly) that if they arrest fully informed jury leafleters, the leaflets will have to be given to the leafleter's own jury as evidence." FIJA and its activists have been involved in litigation over these matters. Another argument is that since FIJA literature is generic, making no reference to any cases potential jurors may be called upon to serve on, its distribution is not jury tampering.
In dismissing an activist's lawsuit for false arrest
for disorderly conduct
, the U.S. Court of Appeals for the Seventh Circuit stated, "Although advocacy of jury nullification could no more be flatly forbidden than advocacy of Marxism
, nudism, or Satanism
, we cannot think of a more reasonable regulation of the time, place, and manner of speech than to forbid its advocacy in a courthouse."
motivated by his disappointment at not being able to shift FIJA's focus toward preparing attorneys to pursue jury nullification.
FIJA has been condemned as a threat to the system of rule of law
rather than rule of men. According to Erick J. Haynie, "it is highly questionable whether jurors should be instructed to 'make' the law when a legislative body has already done the job for them. Congress and the state legislatures have superior expertise, resources and perspective to make macro-social decisions, and much more time to reach a well-reasoned decision than does 'a group of twelve citizens of no particular distinction snatched away from their primary vocations' to spend a couple of days in court.'"
noticed he was passing out copies of the Citizens Rule Book
, a jury rights publication. The bailiff confiscated the booklets from the recipients and Begly was charged with contempt of court
. The judge dropped the charges "in the interest of judicial economy."
for jury tampering
and criminal trespass, and on interlocutory appeal
, the Supreme Court of Alaska allowed the indictment to stand. While a felon in possession of a firearm
case was underway, Turney allegedly told a juror, who was wearing a button identifying him as such, to call FIJA's telephone number and learn about his rights. According to court records:
After the verdict, Turney called in to a radio talk show to express his opinion that Hall should not have been prosecuted for possessing a concealable firearm since Hall previously had been convicted only of a non-violent felony. Turney's writ of habeas corpus
was denied by the U.S. Court of Appeals for the Ninth Circuit.
. After arrest he goes limp and falls face first to the ground. On at least one occasion was taken to the hospital by fire department medics. He is usually released from the hospital shortly thereafter and has signed his release form "John Galt
" and "Ayn Rand
."
On May 25th, 2010 Julian was arrested again for refusing to stop handing out pamphlets at the US District Courthouse at 500 Pearl St
and was handed over to the NYPD. Due to previous failures to appear in court his bail was remanded. He stayed at Riker's Island till June 8th, 2010 when his arraignment was held.
A fellow activist, George Donnelly, was arrested for filming on federal property without permission while recording Mr. Heicklen's November 9th, 2009 arrest. Protests were held against his prosecution. Heicklen has continued his FIJA activism in spite of the arrests.
courthouse in 1994. In 1996, a 53-year-old man was arrested for passing out FIJA pamphlets to prospective jurors at the Clark County, Nevada
courthouse. In 1995, a 51-year-old mother was charged with jury tampering for papering the windshields of cars near the federal courthouse with FIJA literature when her son was on trial and facing a heavy mandatory minimum sentence for drug offenses.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
national jury education organization, incorporated in the state of Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
as a 501(c)(3) not-for-profit organization. FIJA works to educate all citizens on their authority when they serve as jurors. FIJA educates the public, provides commentary on current jury-related cases, and assists defendants with jury authority strategies—including the right to veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
bad laws and the misapplication of laws—by refusing to convict the defendant. The organization was formed in the summer of 1989 by Larry Dodge, a Montana businessman, and his friend Don Doig.
In the U.S., every defendant in a criminal case has the right, under Article III, Section 2 and the Sixth Amendment to the U.S. Constitution, to be tried by an impartial jury. If the defendant is acquitted, the double jeopardy clause of the Fifth Amendment forbids the government from putting him or her on trial again. FIJA advises jurors to vote for acquittal
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
if they disagree with the law, even if they believe the defendant committed the crime he or she is charged with. This concept is known as jury nullification
Jury nullification
Jury nullification occurs in a trial when a jury reaches a verdict contrary to the judge's instructions as to the law.A jury verdict contrary to the letter of the law pertains only to the particular case before it; however, if a pattern of acquittals develops in response to repeated attempts to...
.
In August 2005, Nancy Lord, David Brody, Gary Dusselgee and Clay Conrad all retired from the FIJA board at the same time. Julie Sheppard was named as the new Chair, and Don Doig, Phil Graf and Margi Crook were named to the Board.
Activism
FIJA has lobbied state legislatures to enact legislation that would explicitly elevate the jury's formerly unspoken power to nullify to an openly acknowledged right. None of the twenty-five bills introduced by the group into state legislatures has become law. FIJA has also proposed abolishing the juror's oathJuror's oath
A juror's oath is used to swear in jurors at the beginning of jury selection or trial.-United States:In the United States, a federal juror's oath usually states something to the effect of, "Do you and each of you solemnly swear that you will well and truly try and a true deliverance make between...
. FIJA has also launched a "Challenge for Churches" program of jury seminars, focusing on "serving justice through conscience." FIJA has also launched a "Lunch Break for Liberty" program to encourage people to use their lunch break to hand out FIJA pamphlets.
FIJA activists have demonstrated outside courthouses and handed out literature to potential jurors in hundreds of cases. They have generally not been arrested for doing so. FIJA speculates that this may be because "prosecutors have reasoned (correctly) that if they arrest fully informed jury leafleters, the leaflets will have to be given to the leafleter's own jury as evidence." FIJA and its activists have been involved in litigation over these matters. Another argument is that since FIJA literature is generic, making no reference to any cases potential jurors may be called upon to serve on, its distribution is not jury tampering.
In dismissing an activist's lawsuit for false arrest
False arrest
False arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction...
for disorderly conduct
Disorderly conduct
Disorderly conduct is a criminal charge in most jurisdictions in the United States. Typically, disorderly conduct makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such...
, the U.S. Court of Appeals for the Seventh Circuit stated, "Although advocacy of jury nullification could no more be flatly forbidden than advocacy of Marxism
Marxism
Marxism is an economic and sociopolitical worldview and method of socioeconomic inquiry that centers upon a materialist interpretation of history, a dialectical view of social change, and an analysis and critique of the development of capitalism. Marxism was pioneered in the early to mid 19th...
, nudism, or Satanism
Satanism
Satanism is a group of religions that is composed of a diverse number of ideological and philosophical beliefs and social phenomena. Their shared feature include symbolic association with, admiration for the character of, and even veneration of Satan or similar rebellious, promethean, and...
, we cannot think of a more reasonable regulation of the time, place, and manner of speech than to forbid its advocacy in a courthouse."
Criticism
Some prosecutors and law enforcement professionals are strongly opposed to the notion that juries can nullify undesirable laws. FIJA has been accused of monkeywrenching the justice system. In 2008, Clay Conrad, author of Jury Nullification: The Evolution of a Doctrine, quit the organization, stating that it was "so centered on jury nullification that it was ignoring the numerous threats that exist to the jury as an institution," as evidenced by the fact that the percentage of cases going to jury trial is continually shrinking. Executive Director Iloilo M. Jones described his parting comments as sour grapesSour grapes
The phrase sour grapes is an expression originating from "The Fox and the Grapes," one of Aesop's Fables. It refers to pretending not to care for something one does not or cannot have.Sour grapes may also refer to:-Music:...
motivated by his disappointment at not being able to shift FIJA's focus toward preparing attorneys to pursue jury nullification.
FIJA has been condemned as a threat to the system of rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
rather than rule of men. According to Erick J. Haynie, "it is highly questionable whether jurors should be instructed to 'make' the law when a legislative body has already done the job for them. Congress and the state legislatures have superior expertise, resources and perspective to make macro-social decisions, and much more time to reach a well-reasoned decision than does 'a group of twelve citizens of no particular distinction snatched away from their primary vocations' to spend a couple of days in court.'"
Jerry Begly
In 2001, Jerry Begly was dismissed from the jury pool after a bailiffBailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
noticed he was passing out copies of the Citizens Rule Book
Citizens Rule Book
Citizens Rule Book is a handbook written to educate American citizens regarding their rights and responsibilities. It is a compilation of quotes from founders of the United States of America and select government documents, including information on the rights of a jury to "nullify bad law" and...
, a jury rights publication. The bailiff confiscated the booklets from the recipients and Begly was charged with contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
. The judge dropped the charges "in the interest of judicial economy."
Frank W. Turney
In Turney v. State of Alaska, FIJA advocate Frank W. Turney was indicted by a grand juryGrand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
for jury tampering
Jury tampering
Jury tampering is the crime of unduly attempting to influence the composition and/or decisions of a jury during the course of a trial.The means by which this crime could be perpetrated can include attempting to discredit potential jurors to ensure they will not be selected for duty. Once selected,...
and criminal trespass, and on interlocutory appeal
Interlocutory appeal
An interlocutory appeal , in the law of civil procedure, is an appeal of a ruling by a trial court that is made before the trial itself has concluded. Most jurisdictions generally prohibit such appeals, requiring parties to wait until the trial has concluded before they challenge any of the...
, the Supreme Court of Alaska allowed the indictment to stand. While a felon in possession of a firearm
Felon in possession of a firearm
Being a felon in possession of a firearm is a felony in most U.S. states and in the federal system, per . Jay Dobyns has described it as the Bureau of Alcohol, Tobacco, Firearms and Explosives' "bread and butter" charge. Per , it is a class C felony punishable by up to 10 years in prison. The U.S...
case was underway, Turney allegedly told a juror, who was wearing a button identifying him as such, to call FIJA's telephone number and learn about his rights. According to court records:
After the verdict, Turney called in to a radio talk show to express his opinion that Hall should not have been prosecuted for possessing a concealable firearm since Hall previously had been convicted only of a non-violent felony. Turney's writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
was denied by the U.S. Court of Appeals for the Ninth Circuit.
Julian Heicklen
Professor Julian Heicklen has been arrested multiple times by U.S. Department of Homeland Security federal police officers while distributing FIJA literature at the United States District Court for the Southern District of New YorkUnited States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
. After arrest he goes limp and falls face first to the ground. On at least one occasion was taken to the hospital by fire department medics. He is usually released from the hospital shortly thereafter and has signed his release form "John Galt
John Galt
John Galt was a Scottish novelist, entrepreneur, and political and social commenter. Because he was the first novelist to deal with issues of the industrial revolution, he has been called the first political novelist in the English language.-Life:Born in Irvine, North Ayrshire, Scotland, Galt was...
" and "Ayn Rand
Ayn Rand
Ayn Rand was a Russian-American novelist, philosopher, playwright, and screenwriter. She is known for her two best-selling novels The Fountainhead and Atlas Shrugged and for developing a philosophical system she called Objectivism....
."
On May 25th, 2010 Julian was arrested again for refusing to stop handing out pamphlets at the US District Courthouse at 500 Pearl St
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
and was handed over to the NYPD. Due to previous failures to appear in court his bail was remanded. He stayed at Riker's Island till June 8th, 2010 when his arraignment was held.
A fellow activist, George Donnelly, was arrested for filming on federal property without permission while recording Mr. Heicklen's November 9th, 2009 arrest. Protests were held against his prosecution. Heicklen has continued his FIJA activism in spite of the arrests.
Other
A 26-year-old man was acquitted on obstruction of justice charges stemming from his distribution of FIJA literature at the Perry County, PennsylvaniaPerry County, Pennsylvania
As of the census of 2000, there were 43,602 people, 16,695 households, and 12,320 families residing in the county. The population density was 79 people per square mile . There were 18,941 housing units at an average density of 34 per square mile...
courthouse in 1994. In 1996, a 53-year-old man was arrested for passing out FIJA pamphlets to prospective jurors at the Clark County, Nevada
Clark County, Nevada
-Demographics:As of the census of 2000, there were 1,375,765 people, 512,253 households, and 339,693 families residing within the MSA. The racial makeup of the MSA was 71.6% White , 9.1% Black, 5.7% Asian, 0.8% American Indian and 12.8% of other or mixed race. 22.0% were Hispanic of any race...
courthouse. In 1995, a 51-year-old mother was charged with jury tampering for papering the windshields of cars near the federal courthouse with FIJA literature when her son was on trial and facing a heavy mandatory minimum sentence for drug offenses.
External links
- Official website
- Lone Star FIJA
- The Jury Rights Project
- The Jury Education Committee
- Freedomlaw Pages
- Fully Informed Juries: A Check on State Power
- Family Friendly Jury Duty (allows family caregivers to defer their jury service)
- Jury Duty Explained on VideoJug.com by FIJA Executive Director Iloilo M. Jones http://www.videojug.com/player?type=interview&id=1d342736-1942-6e5c-2a8c-ff0008ca0c86