Voir Dire
The defense of Liberty must stand firmly in the Jury Box
In the early morning hours of Tuesday, Mar. 16, 2021, federal agents and local law enforcement kicked in the doors at the Free Talk Live studio, Bitcoin Embassy, and Shire Free Church, arresting 6 individuals and confiscating several Bitcoin vending machines, computers, and other personal items over the bastardly crime of selling crypto without the government’s permission slip. On the morning of December 6th, 2022, Ian Freeman will finally get his day in court. The only one of the 6 to not agree to a plea bargain, or have all their charges dropped, Ian’s trial is starting with one of the most crucial steps in the American Justice system - selecting a jury.
Subversive #93: “Voir Dire”
Watch on YouTube | Watch on Odysee | Listen on Spotify | Listen on Apple Podcasts | Listen on all other platforms!
Summary
After almost 2 years since a predawn raid, the Crypto 6 are finally getting their day in court... well, at least one of them is. with 5 of the 6 either taking plea deals or having their charges dropped, in the last moments before the trial the federal government dropped the majority of charges against Ian Freman as well, yet is still proceeding to trial, with Jury selection this morning, December 6th, 2022. For a short discussion tonight, we will talk about the importance of knowing your options, rejecting coercion and plea deals, and the importance of the jury trial in protecting your rights against the state. And the importance of a jury's right to judge not just your actions, but the law.
Don’t Take the Plea
Plea bargains have long been a controversial aspect of the criminal justice system. While they can be useful in some cases, allowing both the prosecution and the defense to avoid the time, expense, and uncertainty of a trial, they can also be problematic. In some cases, plea bargains may be offered to defendants who are innocent, and who may be pressured into accepting the deal in order to avoid the possibility of a harsher sentence if they are found guilty at trial. In the most severe cases, plea bargains may be used to secure convictions in cases where the prosecution lacks sufficient evidence to secure a conviction at trial.
In such cases, the prosecution may offer the defendant a plea bargain in which they agree to plead guilty to a lesser charge in exchange for a reduced sentence. While this may seem like a good deal for the defendant, it can be problematic because it allows the prosecution to secure a conviction without having to prove the defendant's guilt beyond a reasonable doubt. This is particularly problematic because the burden of proof in criminal cases is supposed to be high, and the prosecution should not be able to secure convictions without meeting this standard.
Prosecutors will also often engage in coercive behavior, levying threats of even harsher punishment in order to convince a defendant to agree to the plea deal. In these cases, the prosecution may offer a plea bargain that involves a significantly reduced sentence in exchange for a guilty plea. This can be tempting for defendants who are innocent, but who may be concerned about the possibility of being found guilty at trial and facing a harsher sentence. In these cases, the defendant may be tempted to accept the plea bargain in order to avoid the risk of a harsher sentence, even if it means pleading guilty to a crime they did not commit. This is a serious problem because it allows the prosecution to secure convictions without having to prove the defendant's guilt, and it can result in innocent people being wrongly convicted, often under duress.
Rejecting plea bargains is important because it helps to ensure that the criminal justice system is fair and just. When defendants reject plea bargains, they are essentially saying that they are not willing to accept a deal that allows the prosecution to secure a conviction without having to prove their guilt beyond a reasonable doubt. This can help to ensure that the prosecution is held to the high standard of proof that is required in criminal cases, and that innocent people are not wrongly convicted.
The Function of the Jury
Juries play a crucial role in the criminal justice system. A jury is a group of individuals who are selected to serve as impartial judges of the facts in a court case. They are responsible for listening to the evidence presented by both the prosecution and the defense, and for determining the guilt or innocence of the defendant based on that evidence.
One of the most important functions of juries is to provide a fair and impartial decision-making process. In a criminal trial, the jury is the only group of people who are not directly involved in the case. This means that they are able to provide an unbiased perspective on the evidence and to make a decision based on the facts of the case, rather than on personal biases or prejudices. This is crucial in ensuring that the criminal justice system is fair and just and that defendants are not wrongfully convicted.
Juries also provide an inherent check on the power of the state. In a criminal trial, the prosecution represents the state, and they are tasked with proving the defendant's guilt beyond a reasonable doubt. This can sometimes be a daunting task, and the prosecution may be tempted to use its power to secure a conviction even if there is not enough evidence to support it. The role of the jury is to act as a safeguard against this kind of abuse of power. By carefully considering the evidence and making a decision based on the facts of the case, the jury can help to ensure that the state does not wrongfully convict anyone.
Juries also provide a sense of community involvement in the criminal justice system. When a jury is selected, it is typically made up of members of the community where the alleged crime was committed. This means that the people who are making the decision about the defendant's guilt or innocence are members of the same community as the victim and the defendant. This can help to foster a sense of ownership over the criminal justice system and to ensure that it is seen as a fair and just process.
Jury Selection
Jury selection, or “Voir Dire” is the process of choosing the individuals who will serve on a jury in a criminal case. “Voir dire” is a legal term that refers to the process of questioning potential jurors to determine their suitability to serve on a particular jury. It is a French term that means "to speak the truth." During voir dire, lawyers for both sides of a case will ask potential jurors questions about their backgrounds, experiences, and biases to determine if they can be fair and impartial in hearing the case. This process helps to ensure that the jury will be able to evaluate the evidence and testimony objectively, without being influenced by outside factors.
This process is important because the composition of the jury can have a significant impact on the outcome of a trial. By carefully selecting the individuals who will serve on a jury, it is possible to ensure that the jury is fair and impartial and that it is representative of the community where the crime was committed.
One of the most important reasons why jury selection is important is that it helps to ensure that the jury is fair and impartial. In a criminal trial, the jury is responsible for deciding the guilt or innocence of the defendant based on the evidence presented by both the prosecution and the defense. It is critical that the jury be able to make this decision without being influenced by personal biases or prejudices. By carefully selecting the individuals who will serve on the jury, it is possible to ensure that the jury is composed of people who are able to set aside their personal beliefs and make a decision based on the facts of the case.
Another reason why jury selection is important is that it helps to ensure that the jury is representative of the community where the crime was committed. In some cases, the composition of the jury may not accurately reflect the demographics of the community, and this can lead to concerns about the fairness of the trial. By carefully selecting the individuals who will serve on the jury, it is possible to ensure that the jury is representative of the community and that it reflects the diverse perspectives and experiences of the people who live there.
Careful selection and exclusion of jurors is the only way to ensure that a defendant receives as fair and impartial a hearing as possible. It is in the interest of politically motivated prosecutors to value conviction rates against justice, and the jury box is the last line in accountability against the powers of the state abusing the criminal justice system.
Jury Nullification
The concept of jury nullification, which is the power of a jury to acquit a defendant who is technically guilty of violating a law but who the jury believes should not be punished, is an important one in the American justice system. This is because it allows ordinary citizens to have a say in the administration of justice and to push back against laws that they believe are unjust or unfair.
One of the key values of jury nullification is that it serves as a check against government overreach. In many cases, the government may pass laws that are overly restrictive or that are not in line with the values of the community. In such cases, juries can use their power of nullification to acquit defendants who have technically violated these laws, thereby preventing the government from enforcing laws that are contrary to the community's values.
For example, in the early days of the United States, juries often used their power of nullification to acquit defendants who were charged with violating laws that were seen as overly restrictive or unfair. For example, juries sometimes acquitted individuals who were charged with violating laws that prohibited the possession of alcohol, even though these laws were technically on the books. This helped to prevent the government from enforcing these laws and allow individuals to engage in activities that were seen as harmless or beneficial.
Another value of jury nullification is that it allows juries to take into account extenuating circumstances and to deliver verdicts that are more in line with the principles of justice and fairness. In many cases, the letter of the law may not accurately reflect the reality of a particular situation, and juries may feel that it would be unjust to punish a defendant based solely on the technicalities of the law. In such cases, juries can use their power of nullification to acquit the defendant, even if the defendant technically violated the law.
For example, consider a situation in which a defendant is charged with possession of a small number of drugs for personal use. Under the law, the defendant is technically guilty, and if convicted, they would face significant punishment. However, the jury may believe that the defendant was struggling with addiction and that punishing them with imprisonment would not be the best course of action. In such a case, the jury could use its power of nullification to acquit the defendant, thereby allowing the defendant to seek treatment and other forms of support instead of being punished.
In addition to serving as a check against government overreach and allowing juries to take into account extenuating circumstances, jury nullification can also help to promote public confidence in the justice system. In many cases, individuals may feel that the law is unjust or that the punishment for a particular crime is overly severe. In such cases, the use of jury nullification can help to demonstrate that the justice system is responsive to the concerns and values of the community.
For example, consider a situation in which a defendant is charged with a crime that is widely seen as unfair or unjust. If the jury uses its power of nullification to acquit the defendant, this can send a message to the community that the justice system is willing to listen to their concerns and that it is not simply a tool for enforcing the law without regard for its fairness. This can help to restore public confidence in the justice system and can encourage individuals to have faith in the fairness of the legal process, but only if practiced with regularity.
Despite the many values of jury nullification, there are also some in disagreement with this concept. For example, some critics argue that jury nullification can undermine the rule of law by allowing juries to disregard the letter of the law in favor of their own beliefs and values. This can create confusion and uncertainty about the law, and it can make it difficult for individuals to predict how the law will be enforced. While this may seem problematic to those charged with writing and enforcing the laws, and those attempting to comply with them, the reality is, that if the representative jury is nullifying laws passed by the legislature, then the laws aren’t reflecting the will of the people.
Fully Informed Juries
The Fully Informed Jury Association (FIJA) is a nonprofit organization that seeks to educate the public about their rights and responsibilities as jurors. The organization promotes the concept of jury nullification, which is the idea that a jury has the power to acquit a defendant who has been charged with a crime, even if there is sufficient evidence to support a conviction. The FIJA believes that this power is an important check on the power of the state and that it is crucial in ensuring that the criminal justice system is fair and just.
The FIJA was founded in 1989 by a group of individuals who were concerned about the erosion of the rights of jurors. They believed that jurors were not being fully informed about their rights and responsibilities and that this was leading to a lack of accountability in the criminal justice system. Since its inception, the FIJA has worked to educate the public about the concept of jury nullification and to promote the idea that jurors have the power to acquit defendants who have been charged with crimes, regardless of the evidence presented.
The FIJA is a nonprofit organization that relies on donations from the public in order to fund its educational programs and initiatives. The organization has a national presence, and it offers a range of educational resources and materials on its website, including videos, articles, and other information about the concept of jury nullification and the rights of jurors. The FIJA also hosts events and workshops, and it offers training and support to individuals who want to learn more about their rights and responsibilities as jurors. The organization plays a vital role in ensuring that the criminal justice system is fair and just and that jurors are able to exercise their power to acquit defendants who have been charged with crimes, even if the facts of the case say otherwise.
Victimless Crimes
A victimless crime is a term used to describe a crime that does not have a direct victim. These crimes often involve activities that are considered morally or socially unacceptable, but that does not cause harm to anyone else. Examples of victimless crimes include drug use, gambling, and prostitution.
Victimless crimes should not be prosecuted because they do not cause harm to anyone else. In many cases, the people who engage in victimless crimes are simply exercising their freedom of choice, and they are not harming anyone else in the process. For example, a person who uses drugs is not harming anyone else, and a person who engages in prostitution is not harming anyone else. In these cases, the prosecution would be a waste of resources and would not serve any useful purpose.
Additionally, prosecuting victimless crimes can be counterproductive. In many cases, prosecuting these crimes simply drives them underground, where they can be more difficult to regulate and control. This can make it more difficult to address any negative consequences that may be associated with these activities, and it can lead to other problems, such as drug abuse and the spread of sexually transmitted diseases. By not prosecuting victimless crimes, it is possible to avoid these negative consequences and focus on more serious crimes that have actual victims.
Furthermore, prosecuting victimless crimes can violate individual rights and liberties. In many cases, these crimes are considered to be victimless because they involve activities that are considered to be personal or private, such as drug use or sexual activity. Prosecution of these crimes can therefore violate the privacy and autonomy of the individuals involved, and it can infringe on their rights to make their own choices and decisions. By not prosecuting victimless crimes, it is possible to respect the rights and liberties of individuals and to allow them to make their own choices and decisions without interference from the state.
Victimless crimes should not be prosecuted because they do not cause harm to anyone else, they can be counterproductive, and they can violate individual rights and liberties. Instead of prosecuting these crimes, it is better to focus on more serious crimes that have actual victims and to address any negative consequences that may be associated with victimless crimes through other means.
The Abuse and Tyranny of The State
Despite the lack of a victim, the government still prosecutes these crimes, often citing moral or public health reasons for doing so. However, many people argue that the real reason for the prosecution of victimless crimes is not to protect the public but to exert control and collect revenue.
One way that the government uses the prosecution of victimless crimes to exert control is by targeting certain groups of people. For example, drug laws are often used to disproportionately target and incarcerate people of color. This not only serves to control these communities but also allows the government to justify using resources, such as the police and prison systems, to maintain that control.
Another way that the government uses the prosecution of victimless crimes to exert control is by giving law enforcement agencies the authority to decide who is guilty and who is innocent. This allows the police to exercise a great deal of discretion in who they choose to arrest and prosecute, giving them significant power over the lives of individuals. In some cases, law enforcement agencies may use this discretion to target people who are critical of the government or who are seen as a threat to the established order.
In addition to exerting control, the government also uses the prosecution of victimless crimes as a way to collect revenue. Fines and fees associated with these crimes can be a significant source of income for the government, particularly at the local level. For example, traffic tickets are a common form of victimless crime prosecution, and the revenue collected from these tickets can be used to fund local government operations.
Overall, the prosecution of victimless crimes serves as a tool for the government to exert control and collect revenue. While these crimes may not have a direct victim, the consequences of their prosecution can be far-reaching and harmful to individuals and communities.
Live Free and Thrive!
My latest book is now available on Amazon in both Kindle and Paperback versions! It actually debuted as a #1 Bestseller in the relevant categories! Head on over to amazon today to grab your copy of Live Free and Thrive!: 101 Reasons that Liberty Lives in New Hampshire, and So Should You!
New Merch and Swag!
None other than show sponsor SnekSwag.com has a new full collection of official Subversive Swag where you can show off your rebel side by wearing your principles literally on your sleeves. Check out the collection today to grab your Swag now!
Join the Insurgency!
That’s right, You too can join the insurgency, and help support everything I’m doing here, from the podcast to the newsletter, to real-world activism and legislative lobbying work in New Hampshire.
Join us on Patreon, at Patreon.com/ODonnell for as little as $3 a month to help support the show financially and get some sweet perks as well!
You can also join our community Discord Channel to help grow the community around the show, and chat with other fans at any time! This requires participation, and it will be what we make of it, so join today and let’s grow it from the ground up together!
Copyright Justin O’Donnell, 2022
For Inquiries, contact, and booking: contact@anarchy.email
https://linktr.ee/subversivepod