From: kmarko@hpbs654.boi.hp.com (Kurt Marko)
Subject: Re: Fully Informed Jury InformationREAD/NEW
Date: Thu, 12 Nov 1992 23:27:17 GMT
Distribution: us
Organization: somewhere in Idaho

In article > f_gautjw@ccsvax.sfasu.edu writes:

>	Thanks for posting this.  I had heard of this movement but

My pleasure.  Spreading information is what FIJA is all about.

>chin in recent years.  I am reminded of one case with which I was
>familiar in which the defendant was convicted of a minor infraction
>and then told by members of the jury that the jury was quite sympathetic
>and felt the defendant was in the right but that "the law is the law."
>It is this attitude that is strangling justice in our courts.

These are exactly the type of decisions that a fully informed jury
would prevent.

>	Do any states currently have legislation supporting  FIJA
>type ideas?  Is notable progress being made anywhere?  What can an
>individual do to help move FIJA forward?

The Constitutions of four states (Maryland, Indiana, Oregon, and
Georgia) currently have provisions guaranteeing the right of jurors to
"judge the law"; that is to nullify it.  These provisions have not
been strong enough to withstand decades of hostile judicial
interpretation, and have relatively little current impact.  Still, the
do exist (even though specific constitutional authority is not needed
for a juror to exercise this right).

24 states have jury nullification provisions in their state
constitutions specifically with respect to freedom of speech; and in
libel and sedition cases. 

We currently have a fully informed jury movement underway here in
Idaho, and feel we can make significant progress in the next year.
Since specific legislation is not really necessary (it would merely
hasten the `education' of jurors) the most significant progress can be
made by educating the citizenry.  FIJA attempts to do this through
their national newsletter, and, on the local level, by distributing
pamphlets and fliers, etc.  Other ways one can help the movement are:

(1) Write a letter to the editor of your local paper(s) advocating the
    right of a jury to judge the law as well as facts of a case.

(2) Lobby legislators (by mail, phone or in person) to introduce or
    support a Fully Informed Juries Bill.

(3) If you know of people you think would like to be on the FIJA
    mailing list, let the national headquarters know, and they will
    send out some material.

(4) Volunteer to help a FIJA organization (or help organize one if it
    doesn't already exist) in your state (in Texas you can contact
    Larry Dodge; 4327 Saxton Lane; Dallas, TX 75229; (214) 357-0902).

(5) Discuss the fully informed jury concept with your friends,
    neighbors and acquaintances (people at a club you might belong to,
    your church, etc.).

(6) Contact the owners of local businesses and ask them to put FIJA
    literature on their counters and/or posters on their walls,
    windows. 

This is a grass-roots effort, so the ways and individual can help are
fairly mundane, but can be very effective when dealing with such a
powerful concept as the fully informed jury.  It's something that
anyone can grasp the significance of almost immediately, and can be
applied by anyone the next time they are a juror and a judge attempts
to dictate the terms of your service and the decisions you can make.

Kurt Marko