Yesterday, Sept. 5, marked the 338th anniversary of the most famous trial in history – a trial whose outcome gave us the basic First Amendment-constitutional civil rights of Freedom of Religion, Freedom of Peaceable Assembly, and Freedom of Speech.
Its outcome represents one of the most important milestones in the development of a democratic form of government, comparable to those documented in the Magna Carta, the Mayflower Compact, the Constitution and other foundations on which our free society has developed.
The trial was that of Quaker preacher William Penn in London, England, in 1670, who was arrested and pled guilty of violating England’s Conventicle Acts which forbade the promotion of religions other than that of the Church of England.
The Judge instructed the Jury that Penn had admitted his guilt of preaching his faith to a public assembly, and informed the jury to quickly find him guilty and dispatch the case. The Jury’s refusal to accept what they perceived as bad law, despite the judge’s instruction to find a verdict of guilty, led to the court’s withholding food and eventual incarceration of the jurors for several weeks. Appeals finally confirmed the right of the jury to base their verdict on their best judgement and conscience, despite existing law and court instruction, and cemented the seldom used but very important concept and right of “Jury Nullification of Bad Law” in democratic legal systems. This is the ultimate right of the people to control their government. These underlying democratic concepts were transferred by our forefathers into the First Amendment of our young United States Constitution, and are as valid today as they were over 300 years ago.
To quote Thomas Jefferson, third President of the United States and author of the Declaration of Independence, “I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution.”
And John Adams, our second president, speaking of jurors: “It is not only his right, but his duty … to find the verdict according to his own best understanding, judgement, and conscience, though in direct opposition to the direction of the court.”
Think carefully when you get that next jury summons. It is your honor and obligation and one of your few opportunities to actively participate in a true cornerstone of democracy.
Those wishing additional information on jurors rights may contact the nonprofit American Jury Institute (also known as The Fully Informed Jury Association) at 1-800-TEL-JURY for a free packet of information, or visit their web site at www.fija.org.
Washington state Gov. Christine Gregoire has recognized Jury Rights Day by proclamation, as many other governors have done. As an American, be proud, serve on a jury and support your Democratic heritage.
Frank Stanton, a retired engineer and supporter of the Fully Informed Jury Association, lives on Orcas Island.