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 Sentencing by Jury is Trial by Jury!!! View next topic
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Super Toker
Super Toker

Joined: Nov 04, 2013
Posts: 7

PostPosted: Thu Nov 07, 2013 6:35 pm Reply with quoteBack to top

“Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but, in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts.”- Yick Wo v. Hopkins - 118 U.S. 356 (1886)

“In all criminal cases whatever, the jury shall have the right to determine the law and the facts.” – Indiana Constitution Article I Section 19

A guilty verdict is a fact finding verdict. It never gave the power to the judge to sentence a person. The person has the right to demand the people to determine the law and deny the public servants, the judge or the legislator, from determining the law.

If a person exercises the right to trial by jury, the jury has the right to determine the facts and the law. In sentencing, the facts are being considered and the law is being determined for a sentence. So sentencing is considered trial. Trial is not just one phase but two phases; the evidence and the sentencing.

If the people are sovereigns, the legislators cannot determine the sentence for a guilty verdict by mandatory minimum. Mandatory minimums and mandating the jury to choose only the options set by the legislators is not allowing the people to author the law. The people can grant the legislator the power to set maximum penalty and recommendation in sentencing.
The jury nullification is at the discretion of the judge because the judge controls the jury instruction. To demand the judge to give jury nullification instructions by the common person is a difficult task when there is a conspiracy in government to deny jury nullification.

The evidence phase of the trial is to determine if the evidence is sufficient to establish a crime occurred beyond a reasonable doubt. The jury is allow to determine the laws are just or not in the sentencing phase of the trial. If the jury feels the law is unjust or the penalty is unfair, they can either refuse to sentence the person or give a sentence that they feel fit the crime.
If there are special interest conspiracies for harsh sentences or to encourage police officers to crack down on victimless crimes, sentencing by jury serves as a mechanism to put a brake on this conspiracy in government. The industrial complex (ie. drug rehab companies operating in prison, food service companies, private prison), private attorneys, or police departments can be enriched by cracking down on victimless crimes. Prison industrial complex will increase their profits for having more inmates in prison. Private attorney will be able to retain more clients. Police department can receive grant money for arrest and cracking down on certain victimless crimes from government agencies.

If such special interest conspiracy occurred, the jury can put a brake on these the conspiracies.

Would there be an issue about the jury cannot decide a sentence? If the jury need help deciding a sentence, they can ask the judge for several sentencing recommendations.

If you think that you will never commit a crime in your life, think again. For example, if you got a ticket for running a read light and you know that you are guilty, you can plead guilty to the fact that you committed the infraction. If the fine is $1000 and you feel the fine is unfair, you can demand the jury to determine the amount of your fine. The jury can take in consideration that you having a bad day, your income, or it is your first time offense. If you don’t want to pay the Obama Care fine, then the jury can judge the fine.

You can demand sentencing by jury your court case. If the judge don’t want to grant it to you or cannot grant it to you, you can appeal it. Your case may reach the US Supreme Court. If you have a traffic case, your case may be heard by the US Supreme Court. Just remember that you are the sovereign and have the right to have other sovereigns determine the law for you.
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Super Toker
Super Toker

Joined: Nov 04, 2013
Posts: 7

PostPosted: Thu Nov 07, 2013 9:41 pm Reply with quoteBack to top

The US Supreme Court already establish trial by jury is also sentencing by jury in death penalty cases; RING V. ARIZONA (01-488) 536 U.S. 584 (2002). There are discussions in this case about there are mitigating or aggravating factors in death penalty sentence. The defendant have the right to have the jury makes a sentencing determination by the facts. Is there aggravating or mitigating factors in every non-death penalty sentencing? Think about it !!!

If more people who got busted for growing or smoking weed, this will open the possibility to this type of trial. The jury today may decide not to sentence many weed grower and smoker.
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