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TUESDAY 10-30-2012 We talk the mining lawsuit, energy production may save Obama, Measure 79, Cybersecurity, too.

Oct 30, 2012 -- 12:45pm

FIND BILL'S PODCASTS on BillMeyerShow.com, Past show information and commentary is on my BLOG ARCHIVES. To E-Mail Bill Meyer, Click HERE.


Hat tip to Michael Miller for passing this along from Politifake.Org. 

You gotta' love it!


GUEST INFORMATION 10-30-2012

6:35 Dan Kish, American Energy Alliance, how fracking and increased energy production could (ironically) help Preident Obama win in Ohio and Pennsylvania. It's not due to the president's efforts against conventional energy, that's for sure.

7:10 Tom Kitchar- president of Waldo Mining district, explains the lawsuit against the suction dredgers, and they're fundraising for legal defense purposes against KS Wild. Send your contribution to Waldo Mining District, P.O. Box 1574, Cave Junction, OR, 97523.

7:35 State Rep. Sal Esquivel discussing, and pushing for a YES vote for Measure 79, which would prohibit any real estate transfer taxes in Oregon.

8:10 Bennett Kelley,  founder of the INTERNET LAW CENTER (www.internetlawcenter.net) and host of CYBER LAW & BUSINESS REPORT on WebmasterRadio.fm. When the issue of cyber-security didn’t even register a blip on the radar of this past week’s foreign policy Presidential debate, Kelley explains why every voter should be concerned.
 


If you missed it - JURY NULLIFICATION BUILT IN TO OREGON

(Just don't ask a "Law-Yuhr" to Explain)

Ever since talking things over with the county Judicial candidates over the last few days, been thinking a lot about jury nullification. Jury Nullification is the principle which says the jury is there not just to judge the facts of the case, but to also judge the law itself.  In fact, New Hampshire just passed a law requiring juries to be informed of this power. You'll rarely get a member of the Bar to address this truthfully, as the last thing the system wants is independent citizenry second-guessing the state's "authori-tah".

I looked at the Oregon Constitution this morning, and It just so happens that "Jury Nullification" appears to be built in to our law of the land:

ARTICLE 1, Oregon Constitution (Our State "Bill of Rights")

Section 16. Excessive bail and fines; cruel and unusual punishments; power of jury in criminal case. Excessive bail shall not be required, nor excessive fines imposed. Cruel and unusual punishments shall not be inflicted, but all penalties shall be proportioned to the offense.—In all criminal cases whatever, the jury shall have the right to determine the law, and the facts under the direction of the Court as to the law, and the right of new trial, as in civil cases. (emphasis mine)

So, even though you'll never get a judge to tell you can nullify laws on the jury, a plain reading of the Oregon Bill of Rights above makes it clear. When you're on the jury the judge can "direct you" as to the law, but you are free to use the advice, or discard it as you see fit.

Judge Benjamin Bloom said on the show this morning that the judge can't question the jury's decision.  There's no penalty for the "wrong" decision.  So go ahead, let the judge "direct" you as to the law, and come to your own decision on whether the law truly is just or applies in the case you're hearing. 

Oh, and the Curt Chancler clause is next:

      Section 17. Jury trial in civil cases. In all civil cases the right of Trial by Jury shall remain inviolate.—

In Jackson County they're trying to bamboozle you over the meaning of "Shall Remain Inviolate". County code enforcement prefers "inviolate"  to mean "Shall Remain Inviolate until inconvenient or costly to County".  ;-)


 

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