Trial by Forum JurySubmitted by Josf on Wed, 11/13/2013 - 10:51
An experiment in government by the consent of the governed is not a new idea.
FOR more than six hundred years - that is, since Magna Carta, in 1215 - there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge of the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless in violating, or resisting the execution of, such laws.
Unless such be the right and duty of jurors, it is plain that, instead of juries being a "palladium of liberty "- a barrier against the tyranny and oppression of the government - they are really mere tools in its hands, for carrying into execution any injustice and oppression it may desire to have executed.
But for their right to judge of the law, and the justice of the law, juries would be no protection to an accused person, even as to matters of fact; for, if the government can dictate to a jury any law whatever, in a criminal case, it can certainly dictate to them the laws of evidence. That is, it can dictate what evidence is admissible, and what inadmissible, and also what force or weight is to be given to the evidence admitted. And if the government can thus dictate to a jury the laws of evidence, it can not only make it necessary for them to convict on a partial exhibition of the evidence rightfully pertaining to the case, but it can even require them to convict on any evidence whatever that it pleases to offer them.
Those self-governors in England had to get rid of the Trolls in England in order to return to civilized, voluntary, life. The Trolls in England were the Imperial Roman Invaders.
Then this happened:
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.
The Trolls took over England and corrupted voluntary government so the self-governing, free minded, voluntary people fled like runaway slaves to America, and those Liberated people brought trial by jury with them to the American constitutionally limited states where government was maintained by the consent of the governed, at least until 1788.
The current Trolls invade this Forum intending to enslave their targeted victims with their lies.
The idea behind this proposal is to band together as free minded individuals and by our individual efforts we the people of this forum employ the concept of trial by jury in the effort to defend against the Trolls.
I can offer steps by which that defense of our common liberty can be defended.
If, for example, a Troll is perpetrating a personal attack upon one of the members of this forum, then that example of that personal attack by a Troll can be linked to this Forum Topic, and a trial by voluntary jury can commence in some new inventive shape or form.
Since "sticks and stones can hurt my bones but names will..." only hurt the innocent who are injured by Trolls perpetrating libelous personal attacks on forums, it may be a good idea to stand in defense of the innocent, since the innocent are often incapable of defending themselves.
I hope you all have a beautiful day, at the expense of no innocent victims.