Being a domiciliary of the State of California is a requirement for a trial juror in Section 203 of the State of California Code of Civil Procedure.   The 4th Edition of Black’s Law Dictionary was published the year I started law school, 1968.  That dictionary defines “domiciliary” as pertaining to domicile; relating to one’s domicile […]

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4 Responses to “STATE OF CALIFORNIA JUROR MUST BE A DOMICILIARY”

  1. ImanInhabitant on December 17th, 2008 1:16 pm

    How do you use this information to your advantage when before the court?

    II

  2. edstudent on January 15th, 2009 9:31 am

    Jury Duty
    By Sovereign Dave

    Dear Friends,

    Some of you know my passion for preserving the freedom’s we are intended to have in this country of state’s United. The opening line in the Constitution beginning with “We the People” makes it abundantly clear who is the master and who is the servant regarding our relationship to government.

    Some of you might be called upon to serve on a jury. Our foundation of freedom is based on needing a number of people for a “jury of our peers” to comprehend both fact and law and convict only upon “beyond a reasonable doubt”. You can restore aspects of common-law courts by simply reclaiming a common-law juror status. In the courtroom, jurors have only one equal in power—the accused. By contrast government’s power is diluted into 3 parts. The judge is a 1/3 power holder of the “small enumerated powers” obtained by his employment with the Judicial branch; the police officer is a 1/3 power holder via the executive branch. Hence no prosecutor, police officer or judge has the power inherent of a single juror or even the accused. Only the COMPLETENESS of the jury’s collective power is needed to convict their peer in power–the accused.

    Sadly there has been a great mis-information campaign to dilute the power of the people. Convictions are obtained by essentially keeping jurors in ignorance. Judge’s routinely tell jurors they are to render a verdict based solely upon fact. They are often-times restricted to only having one narrow and specific portion of the law convenient for a conviction. Jurors are told the Judge will “give them the law” and they are to judge on the facts alone. In many cases the jurors are told that if they were to “judge the law”, anarchy would prevail and many “known criminals” would go free. This is utter non-sense! Well informed jurors know that the law cannot be the exclusive realm of the lawyers and the judge. If a citizen is expected to stand on the law, the jury is entitled to and it is their DUTY to judge the accused interpretation of the law. No small power holder such as government or the “members of the English-based bar association” [aka lawyers] OWN the law!!

    Let’s examine this deception in its details. In the ultimate of crafty deception the “court” has jurors take an oath. At no time does the court remind the jurors of their ULTIMATE power: The power to judge LAW and nullify law. This unto itself isn’t the deception; this is just ignorance on the part of jurors. The deception arises when the judge “reminds” the jury they are to judge the facts on the law as he gives them and then reminds them of their oath. The implication: You took an oath to judge the facts and not the law. (Per the words of the oath, not true in most courts.)

    In order to garner convictions under statutory law the government needs to whirlpool into their flushing toilet the one group of people who are truly free, albeit somewhat ignorant, and largely naïve: the People. The flush is achieved by appealing to “civic duty” and implying FALSELY that people have some obligation to government courts and the “administration of justice.” Truthfully, the people are NOT administrators and obligatory civic duty is solely an invention of government.

    The irony: Up until this point of an oath by the people, the People essentially have no “legal duty”. Remember: Which parties took an oath in the courtroom? The Judge, the prosecutor and the “executive branch” [i.e. police, sheriff, agent, etc.] are the only parities that took an oath and hence established a “legal duty” to perform in a certain ethical manner [aka uphold constitution]. Until the oath by the jurors there is NO legal duty on behalf of the people! In reality the People are always and should always be free. There is nothing in any Constitution that dictates that the People must take any oath to serve on any jury! Why not? Well…Who has the “legal duty”? In reality only government needs governing by tying government representatives to the obligation of behavior [aka legal duty]]; certainly not the people. Frankly the only duty of the people is to “throw off oppressive government.”

    Let me make this point CLEAR for you in summary:

    1. The only parties that up until jury oath have the RESPONSIBILITY to act and uphold the constitution are the government parities in the courtroom. They are the only parties with a legal duty. Not the defendant and not the jury.
    2. Knowingly and willfully these same government parities that ironically took an oath of behavior now deprive the people of knowledge, rights and power prior to contract signing [an analogy to an oath].
    3. After the oath is affirmed they now deceive further by simply “reminding” jurors of their “duty” to judge facts and not law.
    4. No contract such as an oath is an “honorable” contract with a-priori deception and dilution of power as its basis.

    So the next time you are on a jury and a Judge informs you–the “master”–of what you are to do as a member of the jury, just remember: “Why am I listening to a 1/3 of anything? He is giving me mere opinion and probably borderline bullshit….but I am intelligent, free and can determine for myself what the law actually says. And if the law is wrong, I’m going to excise my duty and right to throw-off oppressive government.”

    I now attach a piece on jury instructions from the federal government website. I don’t make this up. As mere employees judges must be instructed in how to act or perform. This is a copy of their “instruction manual” for “good” behavior. However this is NOT released to jurors. I want you to read the bold segments sequentially and tell me how this makes you feel. Do the words deception and dilution of power come to mind?

    TRUE JUROR POWER KEPT HIDDEN FROM THE PUBLIC

    ***************************************************************************
    1991/2005 Edition of US Govt.Manual on Juror Instructions

    The jurors have two main duties. First, they must determine from the evidence what the facts are. Second, they must take the law stated in the court’s instructions, apply it to the facts and decide whether the facts prove the charge beyond a reasonable doubt. See Sparf v. United States, 156 U.S. 51, 102-107, 15 S.Ct. 273, 39 L.Ed. 343 (1895); Starr v. United States, 153 U.S. 614, 625, 14 S.Ct. 919, 923, 38 L.Ed. 841 (1894).

    The jurors have the power to ignore the court’s instructions and bring in a not guilty verdict contrary to the law and the facts. Horning v. District of Columbia, 254 U.S. 135, 138, 41 S.Ct. 53, 54, 65 L.Ed. 185 (1920). But they should not be told by the court that they have this power. United States v. Krzyske, 836 F.2d 1013, 1021 (6th Cir.), cert. denied, 488 U.S. 832, 109 S.Ct. 89, 102 L.Ed.2d 65 (1988); United States v. Avery, 717 F.2d 1020, 1027 (6th Cir.1983), cert. denied, 466 U.S. 905, 104 S.Ct. 1683, 80 L.Ed.2d 157 (1984); United States v. Burkhart, 501 F.2d 993, 996-997 (6th Cir.1974), cert. denied, 420 U.S. 946, 95 S.Ct. 1326, 43 L.Ed.2d 424 (1975). They should instead be told that it is their duty to accept and apply the law as given to them by the court. United States v. Avery, supra at 1027.

    ************************************CONCLUSIONS***************

    • Juror’s have more power than the court, its judges, prosecutors, etc.
    • Juror’s have the power to nullify laws by returning verdicts contrary to law.
    • But this aspect of their SUPREME power is kept hidden from them.
    • Jurors take an oath without being told they have the RIGHTFUL power to judge not only facts but also law. Can you say deception and dilution of the people’s power?
    Source: US COURTS Pattern Criminal Jury Instructions, Chapter 1.02 Juror’s duties
    http://www.ca6.uscourts.gov/internet/crim_jury_insts/html/chap1_8.htm

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