Jury Nullification

Auggie

Well-Known Member
About ten years ago (I was fifty) I hurt myself pretty bad. I had to wait five or six months for a surgery that would allow me be somewhat normal. It was six months of pure hell. I was in pain all the time. I ate narcotics like they were Chiclets. The surgery was successful. I felt better the day after than I did the day before. The post op pain was nothing.

I was sent home with a bottle of 100 heavy duty narcotics. Perfectly legal.

At the end of that script (about two weeks) I called and got it refilled. No problem. But, one evening my wife asked me if I was in pain. I said, “no”, and she asked “Then why are you still taking that stuff?” motioning toward the bottle of narcotics. I explained that the doctor said to take the pills BEFORE they were needed and ‘that’s exactly what I’m doing.’ I was all defensive and shit. She shut up about it, but it got me thinking.

A few days later I decided to wait till I was hurting before I took that stuff. Funny thing happened – I was in a different kind of pain. My back didn’t hurt much – but I sure needed that Narco. Yea - - I NEEDED IT. The realization scared the shit outta me. “Oh ma gawd, I am addicted.” Crap.

I had to figure out two things: How to get off that shit, and how to stay out of pain. The pain wasn’t nearly as bad as before the surgery, but it did need management. I spent three weeks home; not sleeping, jerky, spastic, bitchy. Kicking that monkey offa my back. My poor wife. I’m sure I was dangerous, she locked up or hid all the guns. My stepson finally asked me if I’d ever considered marijuana. I told him that I had smoked a lot in my misspent youth; and wasn’t against it but doubted it would work for pain. He was patient; he explained how MJ had changed over the last half century and that there were actually strains just for pain. And he gave me a fat bud and loaned me a pipe. I told him I’d think about it. He didn’t push, he didn’t try to ‘sell’ me. He gave me facts knowing that the decision was mine.

That night was awful. At about 3am I packed the pipe. It was nothing short of amazing. The pain went away with the first lungful. The longing for the narcotics went away. I relaxed. I slept for about 6 hours in my easy chair. I woke up in addiction pain and smoked again – it worked again. I called my stepson and asked for more - he was happy to oblige. Over the next few weeks I gained weight, color improved, my outlook on life improved. I got healthy.

Since then the addiction pain is gone. I won’t ever eat that shit again – and doctors offer it to me all the time. I hope I never NEED it again. By five in the evening my back is throbbing. I hit my lounge chair; pour an ounce of good whiskey and burn a bowl. I am able to sleep well, not in pain. Wake up the next day clear, pain free, and do the life thing. By evening, I’m hurting again and ready for my chair. That’s my pattern now. It’s not a bad life – and marijuana (my stepson, my wife) probably saved my life.

And, that’s not even the point of my post. Please hang with me, keep reading. I post this as a plea to everyone that reads it.

I see statistics that say that over half of the people in the country think that marijuana is at worst a harmless high – at best a miracle drug. Over half of my fellow citizens think that there should be NO criminal consequences for having or growing this plant.

My question is: Then why are there so many people in jail for this? If we all have a right to a trial by jury – why are juries sending people to jail? They should all be either hung jury or outright acquittals. Why do I have to choose between being a fucking junkie or burning a bowl of herb every night? When I get in front of my jury will someone be there with the guts to hang a jury? I would do it for you.

Google the term: “Jury nullification”. And proudly serve on as many juries as you can. I promise I'll do the same for you.

~ Auggie ~
 
Great post. I started growing heavily after my mother got cancer when I was in my early twenties. She passed 18 months later. My father got cancer 3 years later and passed in 3 months. That's the reason I grow. And the governments prohibition is bs. They just want to create more revenue thats why there ok with legalization starting they see even more $ then what the war on drugs could generate
 
I think we're at the point right now that the government just doesn't have the money in the budget to pay for the enforcement of marijuana prohibition anymore. Did anyone expect THIS to be the way legalization happened? I sure didn't but i'm not complaining. Given the government's financial woes, I suspect they'll be all the more eager for the tax money marijuana sales bring them.
 
I think it depends, GC.
It depends on what government you are talking about. In the US we have the Feds, State, County, and city/town governments. Within each of those there are dozens of subsets.
In MY country of USA, State of California, County and city in the northern part of the state.

The State passed SB420 and others that allowed for the medicinal use of marijuana. Other laws came into effect that allowed people to grow and bring their excess meds to a dispensary to be shared.
Then the city passed zoning laws outlawing dispensaries. Then the county passed laws outlawing outdoor grows. Then our local sheriff went to the feds and begged for money to 'eradicate narcotic distribution' and got hundreds of thousands. He hired cops to raid gardens; and why not?

I am attending a trial right now of a collective owner who was busted for cultivation of a controlled substance, possession with intent to distribute, and money laundering. A collective three miles down the road in a different town has been successfully operating for five years now with no government interference. Same state, same county

She was fighting with the city about their zoning laws (which are clearly against the constitution of the US and state). She was winning these misdemeanor complaints, so the city got together with the DA and decided to file STATE FELONEY charges. - but the only difference was about three miles.

The Kings Men do exactly what they want to do. It doesn't matter what "the people" want. We can vote all we want to vote - it doesn't matter any more. The people in power have decided that we are too stupid to know what's best for us. They need to decide for us. So now, they arrest, confiscate and destroy - then make you spend tens of thousands to prove them wrong. And what do you get when and if you are acquitted? Nothing. Two years later they let you out of jail. This is a democracy?

Get on a jury. Vote 'not guilty'. It really pisses them off.

~ Auggie ~
 
I hear ya, Auggie, it's a complicated issue. But we're moving in the right direction. What I was referring to was the recent revelation that the feds no longer have the money in the budget to fund DEA efforts in states with medical marijuana and hemp production laws. That's definitely a positive. I could be wrong but I think that once the feds back off, you'll see less pressure from state, county, etc as well.
 
I sure hope so GC. I have been dealing with this shit for my whole life. It is just so stupid.

The voters of the State of California voted in laws that make possession, and growing marijuana legal for medical purposes. But, it is up to the cop on the street and the DA, and the individual counties and cities as to whether they want to obey those laws.

I fear that I may have become jaded. "The People" have made it very clear what we want. We vote in laws and 'the politburo' just ignores them. The politicians and cops and DA's just don't care what we want - they continue their (now) illegal war on drugs because THEY have determined that is what's best for their children, The People.

The trial that I am going to testify in has been postponed. I called the defendants atty and he said that he is trying a case right now (the reason it was postponed) that is very similar to the case I am going to testify in. I have been attending the trial as an observer when I can.

I was there for Voir Dire, (jury selection). The judge asked EACH potential juror, individually: "Are you able to find someone guilty of violating a law that YOU feel is immoral?" There was one guy there that said, "I don't know that I could, no." He was dismissed, immediately. Now, why did he do that? What would have been in MY mind is this: "COULD I POSSIBLY find someone guilty of SOME LAW that I thought was wrong?" So, if someone spit on the sidewalk, and I think that I could convict him of that, even though I think it should be ok to spit on the sidewalk? Yes, I could. And I would of answered that way. But, a drug charge? Different situation. I can not comment on EVERY possible immoral law we have - each situation is different.

It has been helpful to watch. I am learning a lot. One thing I already knew: Never, as in ever - talk to the police. Not a word. Name, rank and serial number then SHUT THE FUCK UP. Half of the 'evidence' used against the defendant is stuff he told the cops. Half. Seriously. Something that YOU think is just small talk - isn't.

Example. Defendant in cuffs, standing with a uniformed cop, watching others cut down his crop.
Cop: I am sure glad to see the weather change, getting some rain finally.
Defendant: Yea, me too.
Cop: It's good for the crop too, eh? (motioning towards the field of green)
Defendant: Yea. Water is expensive to buy, and I don't like all the additives in it.
Cop: Does it affect the quality or value of the finished bud?
Defendant: Sure. Chlorine is a salt, its hard on the plants.

Interpretation: This is the defendants crop. He is not there just to help out a buddy. He knows market prices so he is in business for profit. He has indicated knowledge of guilt of Possession with Intent to Sell, and Money Laundering. He 'admitted' that freely. Now, the lawyer will argue different - but if defendant had shut up he wouldn't have to. Which side is the jury going to run with?

So, please people. Remember. EVERYTHING that is said to you is said for a reason. There is nobody there that wants to help you. There is NOTHING you can say to make your position better. Nothing. Their job is to convict you of a crime. If you say something that will help you, it will never make the record, or be 'remembered'. Give your lawyer a fighting chance - STFU.

Get on juries any chance you can - and met out justice. NOT THE LAW, but instead, justice.

~ Auggie ~
 
So, please people. Remember. EVERYTHING that is said to you is said for a reason. There is nobody there that wants to help you. There is NOTHING you can say to make your position better. Nothing. Their job is to convict you of a crime. If you say something that will help you, it will never make the record, or be 'remembered'. Give your lawyer a fighting chance - STFU.

It's been said here many times before: the only way to talk to a cop is to NOT talk to a cop. Don't try to defend yourself there and then (its pointless), just shut your mouth. There's a reason the very first thing they say to you when they arrest you "You have the right to remain silent". It's just too bad so many people don't take that advice and incriminate themselves because they just cannot keep their mouth shut. Another important thing to note is to NEVER EVER answer "yes" when a cop asks you if you understand. Always answer NO.
 
There is a real good Youtube on "Surviving Police Contact". I think it was put up by ACLU.
I highly recommend that everyone watch it - at least every six months.


Some of the more 'advanced' techniques suggested there is to answer a question with a question.

Cop: Do you know how fast you were going back there?
Citizen: Did you clock me?
(if you say "Yea, I might have been going a few over the limit" you just admitted to a crime and waived your 5th Amendment Rights)

Cop: Why did you lock the door when you got out of the car?
Citizen: Oh, I shouldn't have done that?
(IF you say "Because I don't want you mucking about in my car" you are displaying knowledge of a crime.

And, ask these questions EVERY TEN MINUTES or more often: "Am I being detained? Am I under arrest? Am I free to go now?"

Remember, they don't HAVE TO tell you your rights UNTIL THEY ARREST. But, anything you say up till then can be used.
We don't have the rights we used to have - and its because we didn't exercise them.
USE the few rights we have left, or we'll loose them too.

~ Auggie ~
 
I was hunting with a buddy of mine. We were in the woods for two weeks. Stopped one afternoon to talk with hunters in a nearby (two miles) camp one afternoon. We heard the following story of an encounter one of them had two days before. One of them was walking from camp to an area he wanted to hunt. Was 'detained' by a game warden. Conversation went something like this:

Cop: Hi. How's it going?
Hunter: Good, good.
Cop: How's the hunting?
Hunter: Not good yet. Weather is a bit warm, I don't think the does are in heat yet so the bucks aren't moving around.
Cop: Well, we got a cold front coming in, maybe that will change.
Hunter: Yea.
Cop: Do you have your license and tags on you?
Hunter: Sure. Here they are.
Cop: I see that your tags are for this area. Did you know that?
Hunter: Yea, I'm hiking over to it. The border line is a creek that's about a mile that way.
Cop: Yes. But you are hunting here.
Hunter: No I'm not.
Cop: You said you were.
Hunter: No I didn't.
Cop: Yes you did. When I asked you how the hunting is, you said it wasn't good. You admitted to hunting.

See where this is leading? Dude got a citation. Don't know how it turned out, but if he wanted to keep his rifle and a sidearm that was confiscated in the field, and if he wanted to hunt again - ever, he had to go to court and spend a LOT of money. Even then, it would be an uphill battle for his lawyer. He talked too much.

I don't care WHAT they want to talk about - don't.

~ Auggie ~
 
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