SCOTUS Plays The Race Card —— Again

Flanders

Verified User
I doubt if all of those convicted murderers being set free are not guilty twenty years after being convicted. There is too much room for bribery and tampering with evidence to convince me that so many prosecutors made so many mistakes. Or maybe juries made all of those mistakes which does not say much for the jury system.

https://www.justplainpolitics.com/s...-On-The-Northern-Border&p=2786426#post2786426

Whenever the anti-death penalty crowd cannot find bribery, or tampering with evidence, they fallback on Supreme Court judges playing the race card:


flowers_001.jpg

Curtis Giovanni Flowers


WASHINGTON—The Supreme Court struck down a black inmate’s murder convictions and death sentence because the white man who prosecuted him on behalf of Mississippi unconstitutionally excluded blacks from the jury at his final trial and at others that preceded it.

Curtis Giovanni Flowers (pictured above), 49, was condemned to death for murdering four employees of the now-closed Tardy Furniture store during a 1996 robbery in Winona, Mississippi, a small town with a population of 5,000.

Three of Flowers’s victims were white; one was black. Two trials ended in hung juries. Convictions from three trials were reversed because prosecutor Doug Evans, a Democrat, violated Batson v. Kentucky, a 1986 Supreme Court decision that forbids a state from using its peremptory challenges to exclude jurors because of their race. A peremptory challenge is one that a lawyer doesn’t have to justify in court.


Supreme Court strikes down murder convictions on grounds of racial bias
By Matthew Vadum
June 25, 2019

https://canadafreepress.com/article...-murder-convictions-on-grounds-of-racial-bias

A lot of jury verdicts are overturned on appeal. There is one overriding reason to eliminate every vestige of participation in the hands of juries. Absolute control over the administration of the law generates income for the second oldest profession. Lawyers losing any part of control is a threat to the incomes throughout the legal profession.

NOTE: Prostitution is the oldest profession. A cynic might say that lawyers were the first pimps.

Back in December 2015 I commented on Keith Wood’s case that was being ignored by television mouths who should have given it some coverage. Surely, talking heads pontificating in the MSM could have taken a few minutes from the endless hours about election polls eliciting groans from everybody “Oh God, not again.” Left-leaning media stuck with polls that nobody believed or cared about. I expected, and got, a wall of silence surrounding Wood’s appeal.

Here are some observations from a message on another board in 2015:

Just days after a judge in Denver ordered all charges against two men accused of jury tampering for handing out informational booklets dismissed, a defense attorney for a Michigan man facing such a charge wants it dismissed, too.


XXXXX



The pamphlets Wood was handing out to the public were “informational pamphlets” that were being given to members of the public “on a public sidewalk.” Kallman’s statement said they’re about “the power of jurors to vote their conscience in any case, as permitted by Michigan’s Criminal Jury Instructions.”

“Conscience” is the crux of the argument:

The brochure informs readers: “You may, and should, vote your conscience; You cannot be forced to obey a ‘juror’s oath’; You have the right to ‘hang’ the jury with your vote if you cannot agree with other jurors.”

A juror is not supposed to vote his conscience, while our self-appointed spiritual leader did everything based on his conscience. The Chicago sewer rat ignored laws although his oath of office demanded the opposite. He wrote unlawful EOs, and ordered his bureaucrats to write and enforce regulations that deny everybody else a day in court.

7. EPA’s Clean Power Plan. In June 2014, the Environmental Protection Agency proposed a new rule for regulating power-plant emissions. Despite significant criticism, on August 3, 2015, it announced a final rule. It gives states until 2018 — it “encourages” September 2016 — to develop final plans to reduce carbon dioxide emissions, with mandatory compliance beginning in 2022. EPA cites Section 111 of the Clean Air Act as justification for the Clean Power Plan, but that section can’t give the agency such authority. Section 111(d) doesn’t permit the government to require states to regulate pollutants from existing sources when those pollutants are already being regulated under Section 112, as those deriving from coal-fired plants are.

8. EPA’s Clean Water Rule. On May 27, 2015, EPA announced its new Clean Water Rule, which aims to protect streams and wetlands from pollution. The agency insists that the rule doesn’t affect bodies of water not previously regulated, but several groups have sued on the basis that the rule’s definitions of regulated waters greatly exceed the EPA’s authority under the Clean Water Act to regulate “waters of the United States.” The Supreme Court has thrice addressed the meaning of that phrase, making clear that, for the EPA to have regulatory authority, a sufficient nexus must exist between the location regulated and “navigable waters.” The Clean Water Rule, however, purports to give EPA power far beyond waters that are “navigable” by any stretch of the definition of that word.

9. EPA’s cap-and-trade. On October 23, 2015, EPA issued a carbon-emissions cap-and-trade regulation, establishing for each state limits on carbon dioxide emission, with four interim steps on the way to the final goal. The focus is on cap-and-trade as the means to meet the limits. EPA says that this rule, too, is authorized by Section 111 of the Clean Air Act, but Congress considered and rejected such a cap-and-trade program in 2009. Far from being authorized by the Clean Air Act or from lying in some zone of statutory ambiguity, this new regulation contradicts the express will of Congress.


President Obama’s Top Ten Constitutional Violations of 2015
By Ilya Shapiro — December 23, 2015

http://www.nationalreview.com/node/428882/print

Can you imagine what would happen to EPA regulations levying fines, dictating the use of private property, confiscating private property, etc., if those cases had to face an uncontrolled jury?

Bottom line: Jurors must never tell the government what it cannot do, while collectivist judges can only govern by telling the American people what they must do.

The brochure Wood was handing out, which comes from the Fully Informed Jury Association, from Montana, explains, “Judges only rarely ‘fully inform’ jurors of their rights, especially their right to judge the law itself and vote on the verdict according to conscience. In fact, judges regularly assist the prosecution by dismissing prospective jurors who will admit knowing about this right – beginning with anyone who also admits having qualms with the law.”


Jury-nullification activist: Let's ask jurors if I 'tampered'
Posted By Bob Unruh On 12/19/2015 @ 7:17 pm

https://www.wnd.com/2015/12/jury-nullification-activist-lets-ask-jurors-if-i-tampered/

Lawyers are the law. To be more precise judges are lawyers. After lawyers become judges they somehow acquire the authority to tell LAW-ABIDING Americans how to behave, and they do it without benefit of legislation. The way the Constitution itself is violated with impunity by all those lawyers in Congress, on the Supreme Court, and on every level of government, the law has become nothing more than law for lawyers.

There is one jury situation that nobody talks about.

I long-suspected that the government puts at least one double-agent on the jury in important cases. Such a person needs the institutional skills necessary to dominate a small group until the other jurors vote the government’s way. Example: Labor union officials were skilled at dominating recalcitrant members attending a union meeting.

Also, a government plant could notify the judge when an hard-nosed juror had to be replaced under one pretext or another.

A hung jury is the government’s fallback strategy.

Nothing is going to eliminate the monumental flaws in our jury system. Too many lawyers make too much money to expect all of those lawyers in Congress to change anything. I am more interested in nullifying the concept of judges having the authority to tell law-abiding citizens how they must behave irrespective of an occasional victory for the good guys:

A federal appeals court in Denver has affirmed a ruling allowing the distribution of pamphlets about jury nullification – defined as a verdict on the law itself rather than on the defendant – to their “intended audience,” the jurors.


Judges give big boost to 'jury nullification' pamphleteers
Posted By Bob Unruh On 04/14/2016 @ 8:47 pm

http://www.wnd.com/2016/04/judges-give-big-boost-to-jury-nullification-pamphleteers/

In every election cycle media spends half of their coverage trying to increase the number of Americans who vote. The entertainment industry produces countless movies and TV shows extolling the power of juries in criminal cases. In real life the government controls the outcome of elections 99 percent of the time —— 100 percent in jury trials.

In real life judges/lawyers do not give a rat’s ass what jurors think or decide.

See number 8 permalink in this thread:


Here is another lawyer commandment that needs repealing:

BLACKSTONE’S RATIO

https://www.justplainpolitics.com/s...-On-The-Northern-Border&p=2786426#post2786426

All of the legal bullshit lawyers have been spreading around for hundreds of years could not sell the myth that says jury verdicts are sacrosanct. If it was left to me I would do away with the jury system and let government judges decide every case. They do it anyway. In short: Do away with juries and Americans would finally see that the administration of law is rotten to the core with or without juries.

Finally, how about giving my suggestion a chance to trump the race card.

Black judges and all-black jurors hearing every case where a black man is accused of killing a white man.

White judges and all-white jurors hearing every case where a white man is accused of killing a black man.

My suggestion will not guarantee verdicts decided by evidence, but it sure as hell will provide an equal playing field.

Alas, whites not playing by the same rules black racists laid down a long time ago is a flaw in my suggestion. In short: Touchy-feely judges will always let blacks like Curtis Giovanni Flowers beat the rap on appeal, while a white perp will always get strapped to a gurney.
 
The prosecutor could have obeyed the law he worked for. If he had the evidence, then he could have won.

To Gonzomin:
He won on the evidence. Guilty black criminals always walk on appeal when race, and/or hate crime, is accepted as “evidence.” In short: A crime is a crime is a crime that has nothing to do with race.

Incidentally:


Three of Flowers’s victims were white; one was black.

If race is so goddamned important the murders Flowers’s committed should have been tried separately. One trial for killing three whites, and another trial for killing a black. I would sure like to see how those filthy bums on the Supreme Court would have played the race card with two separate guilty verdicts.
 
UPDATE

“Conscience” is the crux of the argument:

This one might get to the U.S. Supreme Court three or four hundred years from now:

The Michigan Supreme Court will review the case of a former pastor who was arrested for distributing information about juries on a public sidewalk.

Keith Wood was handing out "informational pamphlets" on the power of jurors to vote their conscience – as permitted by Michigan's Criminal Jury Instructions – when he was ordered into a nearby courthouse and arrested, according to his legal representatives, the Kallman Legal Group.

The court also invited the Fully Informed Jury Association, the Cato Institute and the ACLU of Michigan to file arguments in the case, the legal team announced.

The state's high court will address whether the prosecution of Wood violated his First Amendment right to free speech, whether it is possible to tamper with a jury with does not exist, whether a person is a juror before being chosen, and whether the prosecution was the result of unlawful government conduct.

"Mr. Wood believes that freedom of speech leads to more justice and more freedom, not less, and that citizens are competent to shape their own opinions without the 'protection' of government officials," said David Kallman, who is representing Woods.

His briefing to the high court argues that judges, prosecutors and law enforcement officials "must discharge their duties within the confines of our Constitution."

"Citizens hold many differing political views, and they often hold them passionately. They may express those views even in ways that offend government officials. The price for our freedom is that we might be subjected to views that offend us."

Also, the appeal argues Wood was charged with tampering with a jury that did not exist.

"There is no such crime in Michigan," the appeal points out. "On the day in question, Mr. Wood had no interaction with a single person who was a 'juror in any case.'"

The appeal argues the lower courts simply redefined the state's jury tampering statute and applied it to Wood in violation of the First Amendment.

"Our jury system is predicated upon responsible citizens voting their conscience on a jury. There is no better system in the world. Mr. Wood believes that freedom of speech leads to more justice and more freedom, not less, and that citizens are competent to shape their own opinions without the 'protection' of government officials," the brief argues.

"In this case of first impression and for all the reasons stated above, the state violated Mr. Wood's rights and his conviction must be overturned. The lower courts ignored United States Supreme Court and Michigan Supreme Court precedent and failed to address numerous significant arguments raised by Mr. Wood. If this honorable court agrees with the lower courts' interpretation of the term 'juror' in the jury tampering statute, then the statute is facially unconstitutional and must be stricken to avoid violation of the First Amendment and Due Process clauses."

The appeal seeks to have the conviction overturned and the case dismissed.

Wood has earned the support of groups as diverse as the libertarian Cato Institute and the left-wing American Civil Liberties Union.

Wood's case began when he was handing out brochures in front of the Mecosta County courthouse in November 2015 in Big Rapids, Michigan.

He was charged with a misdemeanor and a felony. While the felony count was dismissed, he was convicted on the misdemeanor for exercising his First Amendment rights.

"It is difficult to overstate the extent to which the decision below, upholding the conviction of Keith Eric Wood, strikes at the core of the First Amendment," Cato wrote earlier.

"Mr. Wood was arrested and convicted for engaging in classic political advocacy (peacefully distributing pamphlets) in the quintessential public forum (the sidewalk in front of a courthouse) on a matter of public concern more ancient than Magna Carta, and at the heart of Anglo-Saxon law (the rights, duties, and independence of citizen jurors). One can well imagine why an English monarch might wish to suppress efforts to inform potential jurors of their power to resist tyranny by refusing to convict fellow citizens who had incurred the sovereign's enmity; what is – or should be – more surprising is American courts American sovereigns to suppress such speech on American soil."

Cato pointed out it was convicted solely because the subject of the pamphlets was jury work.

"Had Mr. Wood been handing out brochures for his church or advertisements for his car, he would not have been guilty of violating the statute. ... The statute is therefore a content-based speech regulation, and its application to Mr. Wood must receive strict scrutiny."

While the state certainly wants fair juries, the Cato Institute said, there is no legitimate interest "in preventing Mr. Wood from discussing the history of jury independence with any member of the public, whether or not they have been or may be called as a juror in any action."

The ACLU sounded a similar concern.

"If the government has discretion to punish speech it doesn't like, none of us truly enjoys the freedom of speech," the group said in another friend-of-the-court brief.

"ACLU briefs are particularly important in free speech cases because, unlike a party whose speech is at issue, the ACLU has no particular interest in supporting or agreeing with the ideas expressed. Rather, the ACLU's interest is that of supporting the guarantees of the First Amendment so that the freedom of expression remains protected for all of us."

The group continued: "In this case, the prosecution of defendant Keith Wood raises serious First Amendment concerns because he was convicted for pure speech. ... Moreover, Mr. Wood's speech was regarding a matter of current public debate."

Wood's lawyers explained he simply wanted members of the public to know the rights of jurors.

They contend Magistrate Thomas Lyons "went outside to investigate and speak with Mr. Wood."

"Magistrate Lyons confronted Mr. Wood and instructed him that he should not share the information in the pamphlet on a public sidewalk. Mecosta County District Court Judge Peter Jaklevic also took issue with Mr. Wood sharing information outside the courthouse and apparently discussed with Deputy Jeff Roberts and Prosecutor Brian Thiede how to stop Mr. Wood. Judge Jaklevic ordered Deputy Roberts to go outside and bring Mr. Wood into the courthouse to speak with him. Deputy Roberts also spoke with DNR Detective Janet Erlandson and Prosecutor Thiede about Mr. Wood’s expressive activities. Prosecutor Thiede directed Detective Erlandson and Deputy Roberts to bring Mr. Wood inside the courthouse to speak with Judge Jaklevic. Detective Erlandson and Deputy Roberts confronted Mr. Wood outside on the public sidewalk and demanded to see his papers. After being coerced by a threat of arrest by Deputy Roberts, Mr. Wood was escorted into the courthouse."

Inside the courthouse, Jaklevic, Thiede and Assistant Prosecutor Nathan Hull confronted Wood, and Jaklevic ordered him arrested for jury tampering.

The court officials then asked for a "punitive" bond of $150,000.

A report on jury nullification by the University of Missouri-Kansas City explains it occurs "when a jury returns a verdict of 'Not Guilty' despite its belief that the defendant is guilty of the violation charged."

"The jury in effect nullifies a law that it believes is either immoral or wrongly applied to the defendant whose fate they are charged with deciding."

Such decisions were common during the era of slavery in the United States, when juries acquitted activists who helped runaway slaves.

"Juries clearly have the power to nullify; whether they also have the right to nullify is another question," the report said. "Once a jury returns a verdict of 'Not Guilty,' that verdict cannot be questioned by any court and the 'double jeopardy' clause of the Constitution prohibits a retrial on the same charge."

Early in the nation's history, "judges often informed jurors of their nullification right."

"For example, our first Chief Justice, John Jay, told jurors, 'You have a right to take upon yourselves to judge [both the facts and law].' In 1805, one of the charges against Justice Samuel Chase in his impeachment trial was that he wrongly prevented an attorney from arguing to a jury that the law should not be followed."

However, over time the judiciary reversed its position, and in 1895 a defendant's conviction was affirmed even though the trial judge "refused the defense attorney's request to let the jury know of their nullification power."

Now, prosecutors and judges routinely oppose even discussion of the concept, and judges tell jurors "it is their duty to apply the law as it is given to them, whether they agree with the law or not," the report said.

That means agree with the judge.


Ilya Somin, professor of law at George Mason University, wrote that such discretion "has much in common with prosecutorial discretion," in which prosecutors use their own judgment to pursue some cases and not others.

He noted legal scholar Glenn Reynolds pointed out that while "the power of juries to let guilty people go free in the name of justice is treated as suspect and called 'jury nullification,' the power of prosecutors to do the exact same thing is called 'prosecutorial discretion,' and is treated not as a bug, but as a feature in our justice system."

"There's no obvious reason why one is better than the other," he said.





Arrested for telling public truth about juries: State Supreme Court takes case

Bottom line:

Jurors must never tell the government what it cannot do, while collectivist judges can only govern by telling the American people what they must do.
 
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