#1 in a series of information leaflets from The Stentorian, www.stentorian.com
(C) 1999, William A. Levinson. Permission is granted
to print, copy, and distribute hard (non-electronic) copies of this page
freely and without royalties of any kind, provided that it is not altered
in any manner. The page is formatted so it will fit on a single 8.5 by
11 inch sheet. It may be photocopied, folded in thirds, taped to form a
letter-sized piece, and mailed to anyone whom you think it would interest-
and they are encouraged to similarly copy and distribute it.
The author is not a lawyer, and nothing on this page constitutes
legal advice. It is, however, common sense. If you are selected for jury
duty in a case that involves the violation of a state, Federal, or municipal
gun control law by an otherwise law-abiding citizen, you should exercise
your right as a juror to nullify, or refuse to enforce, the law; to quote
Mr. Bumble from Charles Dickens'
Oliver Twist and say, "The law
is an ass." (This is not advice to violate any law; this
is a suggestion that juries nullify certain laws.)
Courts across the country have ruled that police have
no duty to protect individual citizens. During the Los Angeles riots, the
Los Angeles Police Department told citizens, "You're on your own." Under
David Dinkins' administration, police did not respond to desperate 911
calls from Jews during the riots in Crown Heights. A basic foundation of
our country- the Declaration of Independence- says that, when governments
refuse to protect their citizens' natural rights to life, liberty, and
property, they forfeit all claims to their citizens' obedience.
| The writings of John Locke (1632-1704)
lie behind the origin of the United States and the United States Constitution.
"Men in the 'state of nature' were reasonable and well-disposed,
willing to get along with each other though handicapped by the absence
of public authority. Men likewise had a moral sense, quite independent
of government; and they also possessed by nature certain rights, quite
apart from the state. These rights were the rights to life, liberty,
and property."
|
The Declaration of Independence was almost
paraphrased from Locke:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. In summary, the ballot box is the primary means of assuring that the government does what we the people created it to do, but the jury box is another. Authority and responsibility go hand in hand; when government disclaims its responsibility, jurors can and should strip it of its authority by refusing to enforce its dictates. |