Jury Nullification and our "Freedom of Religion"?

lazyvegan

lazyvegan

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(moderator: this might have gotten posted twice. please delete this if so)

instead of highjacking that other thread, just thought i'd start a 'new' one...

So say one lived in a 'liberal' state like 'Oregon"...

then one 'Ordained' themselves from a site like:

http://openordination.org/ ...but there's a few others.

And then one "created" a religion like say..."The Multiversal Church of Peace"...or 'whatever'....and wrote the beliefs, guidelines, ect, ect...

and then one walked into the local police station "smokin a joint"...with ALOT of cameras....

'worst case' in Oregon that would be a $1000 fine. but with "jury nullification" if "ONE" person on that jury felt i had the "right" to 'responsibly use a 'drug'....the courts would HAVE to accept the verdict, no?

and if it doesn't work the first time you do it OVER and OVER and OVER again...until 'ONE" person feels i have the "right" to control my own body and mind....no?

then anyone in my 'State' could join my "Church' and 'legally' use 'drugs'...no?

am i missing something? and how might that conflict with "State' law? would it "override" it? would it even work?

http://erowid.org/freedom/courts/jury_nullification/jury_nullification.shtml
 
Two quick things:

First of all, there is no right to a jury nullification instruction. A judge can bar a defense lawyer from explaining to a jury that they may acquit a defendant simply based on the jurors' not agreeing with a law, and juries do not typically spontaneously override the rule of law on their own. A jury's traditional function is one of fact-finding. Instances where jury nullification has occurred are rare.

Secondly, drug use has to be part of a "sincere religious practice" in order to get First Amendment and/or Religious Freedom Restoration Act protection. It is doubful that someone walking into a police station smoking a joint would be seen as performing a religious practice.
 
^
Would you even get a jury trial for an offence such as possession of marijuana?

You certainly wouldn't where I am, but obviously I'm not in the USA.
 
but if one ORGANIZED "ALOT" of people surrounding the courthourse handing out fliyer's, ect, ect "informing" the jury of their "rights" then they'd "know"....

and maybe not walking into a police station. but actually starting a "location". a "church". with it's Bilble and 1/2 gram of pot. or something?

it also applies to "every" unjust law round these parts....gay marriage, peacful protesting, ect, ect

it's the "reason" Prohibition itself ended. and that's why it's been so "suppressed" ever since. it "workz".

just would really like to know if it would "over-ride" State law...?
 
i've only read a limited amount about jury nullification. but given the arses we have as judges these days and the ridiculous sentencing guidelines, it might be a good time to mobilize and organize in favor of jury nullification. it is a completely uphill battle. some constitutional law types (like fromer Judge Robert Bork) would like to see the concept abandoned completely. again, i know very little about jury nullification, but anything that provides a citizens' check on the courts and the congress is good, imo.
 
well quoting someone from a 'jury nullification' forum....
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"As I understand jury nullification and the authority of the jury, the actual fact is that in this one case, in this one instance, the jury will simply hold the law as not applicable. The jury will hold the law in this instance as naught. Only in this case. It does not over-ride the state law, exactly, because the law still exists and can be applied in other cases. It is just that the jury has refused to apply the law in this specific, single, special case.

In fact, there have been times when juries have refused to apply laws that violated the right to practice a religion (with the understanding that no other human beings were hurt by these religious practices, which would make the practices against other laws!).

------------

which i'm pretty sure means something like this 'might' just work. and indeed it would bee 'wriiten' into the guidlines that members that 'harm' others or 'drive' under the influence, ect would be barred. potential members would also have to pass a class informing them of the any risks associated with the sacraments, ect, ect...

we HAVE "freedom of religion". and i'm a 'true believer'. like many of us here are i believe. think it's worth a shot? if it works in one state in will work in "all" of them.

the prosecuter might appeal and it would be an uphill battle, but there already exists the Native American Peyote Church, The Temple of the True Inner Light, ect, ect...

hmmmm.... ;)
 
and in all reality. since it is the Federal law that's the 'final test', prolly none of that above is even nessesary. you just create your 'own' religion as granted to you by the First Amendment. Write your "Bible" and beliefs. Make it 'very' clear it's a 'sincere' belief system and submit it to them. then 'they' decide. but you'd prolly have to get arrested with "something" to make it a 'case' i guess?

if it passes the test. that's what 'really' mattters in the end. you can't just turn your lifestyle choices into a religion.

but many of us "know" the awesome healing and spiritual power many of Creation and Mother Earths' gifts have to offer. So it can be done i believe. Even though most currently "accepted" religions that use otherwise 'illigal' plants/catcti, ect have "long-standing" history, I see so reason why it can't be a "new" one....it's your "right".

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The First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.....
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but "jury nullification" really is a VERY important message to spread. it might just save 'you' one day... :\
 
The federal law (Religious Freedom of Restoration Act) does not apply to state and local governments, only the federal government.

There are state law equivalents, but I don't know if Oregon has one.

And in most states, a judge can kick a juror off the jury if there's any indication they're engaging in jury nullification.
 
MahanAtma said:
And in most states, a judge can kick a juror off the jury if there's any indication they're engaging in jury nullification.
Click to expand...

do you have a link to that? never read that anywhere. it's our right. heard about a few states, but not most.

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and any thought's how this might play out in a different scenario. since i am now 'ordained' i can marry who i want. i'm straight, but believe in equal rights. but my state recently voted in a constitutional admenment banning gay marriage. but say i created a religion where gay's could marry and married two gay. there are many gay people and supporters in my city. so with 'jury nullification', and a similar scenario like above, would this work? (if you can find a way to get a trial)

but since it's the religion "itself" at stake, it would then exist, not over-ride state law, but be seperaqte from it. and not conflict with any known Federal law or First Amendment issues I'm aware of.

or again, am i missing something?
 
Dude, Oregon. Don't you know how D.A.s work around here?

Try that, and you'll not be slapped with simple possession [violation], but with Criminal Mischief or any other such nonsense. Bring some friends with a camera, you say? How about a Riot charge. Perhaps your local government has a "promoting drug use," charge .. we all have public indecency in the ORS .. possession within a schoolzone isn't a good one, nor is introducing contraband ..
 
lazyvegan said:
do you have a link to that? never read that anywhere. it's our right. heard about a few states, but not most.

--------

and any thought's how this might play out in a different scenario. since i am now 'ordained' i can marry who i want. i'm straight, but believe in equal rights. but my state recently voted in a constitutional admenment banning gay marriage. but say i created a religion where gay's could marry and married two gay. there are many gay people and supporters in my city. so with 'jury nullification', and a similar scenario like above, would this work? (if you can find a way to get a trial)

but since it's the religion "itself" at stake, it would then exist, not over-ride state law, but be seperaqte from it. and not conflict with any known Federal law or First Amendment issues I'm aware of.

or again, am i missing something?
Click to expand...

you would only be marrying people in a religious context, the actual marriage would never be recognized by the state (no license would be issued) so the marriage would not actually exist
 
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