cannabisnews.com: Transcendent Laws of the Heart 





Transcendent Laws of the Heart 
Posted by CN Staff on February 06, 2003 at 10:41:14 PT
By Jay R. Cavanaugh, PhD
Source: DrugWar.com
Having just convicted medical cannabis gardener Ed Rosenthal in a San Francisco Federal Court, five of the twelve person jury recanted their verdict and called for a new trial. Jurors complained publicly of judicial intimidation and wrongly sequestered evidence that would have resulted in an acquittal had the government allowed the entire picture surrounding Ed Rosenthal's compassionate activities to be presented. Many jurors particularly resented having their hands tied by Judge Breyer who instructed them to disregard their conscience and sensibilities.
To most observers the battle in Federal Court was a replay of the recent trial of Bryan Epis in a Sacramento Federal Court. Many feel that medical cannabis has been on trial in these cases with the government bound to crush State Laws providing for the compassionate care of the sick, dying and disabled.Unfortunately, medical cannabis was NOT on trial in either San Francisco or Sacramento. That's the whole point. Federal jurors were never allowed to consider the issues surrounding medical cannabis including enabling State Law, medical necessity, or mitigating circumstances. It was as if a man on trial for reckless driving was unable to tell the jury that his pregnant wife was hemorrhaging to death in the car on the way to the emergency room. The Federal Court knew that an informed jury was likely to acquit persons acting in a compassionate fashion under State Law. The Court also acted to protect Federal Law against any hint of jury nullification by directing the jury to ignore their conscience should they have gotten a clue of the true circumstances of the cases. In Sacramento the government arrested people publicly handing out information on juries and medical cannabis. In San Francisco the government sought a gag order and Judge Breyer threatened the defendant during the course of the trial for publicly speaking about the case. From ancient times, societies have grappled to provide a legal system that avoids the twin evils of anarchy and totalitarianism. First the English in common law and then the Americans in the Constitution insured truth and balance in the courtroom by employing detailed procedural mechanisms and the final check of authority by a jury of peers. It is this balance and justice itself that was on trial recently in Sacramento and San Francisco. The Federal government won by perverting, ignoring, or denying the very safeguards we hold essential for truth and fairness. Jury nullification is no obscure relic of medieval law. It is nothing less than the critical safeguard we have from tyranny. A fully informed jury is to be trusted, respected, and obeyed. If such juries repeatedly refuse to convict persons of unjust laws then their rejection of such laws forces law makers into necessary reform. Much has been made by the present government in Washington that the United States is a compassionate Christian nation. Such pronouncements apparently ignore the fact that at the center of Christian doctrine and experience is a savior that rejects the legalism of his age. Christ specifically states that the only way that the laws "written in stone" may be respected is if they are evaluated by the higher laws written in the believer's hearts. From 2,000 years ago we see that true religion calls for the principles of love, compassion, and truth be an integral part of any legal decision. In this sense the Federal Courts have expressly rejected the spiritual underpinnings of the nation and replaced them with oppressive legalisms that were common in ancient times.Some may feel that following the laws of the heart is a recipe for legal chaos. This is not only patently untrue but utterly contemptuous of the citizenry. The Judge in legal proceedings is balanced not only by procedural regulation and precedent but also by twelve jurors. Does any rational person think that twelve sociopathic citizens will find themselves on the same jury and reach the same conclusions? Ed Rosenthal and Bryan Epis may soon be sentenced to long Federal prison terms as the result of their "show" trials. Many jurors are only now learning about what was actually going on with these defendants. These jurors are not only angry at being deceived but even worse they are filled with remorse for convicting innocent individuals. Having been denied in jury deliberation, the conscience of these everyday people will now disturb them for the rest of their lives. All jurors or potential jurors should be educated to not only question authority but to empower themselves by realizing that the eternal laws of their hearts trump the temporary laws of a misguided and cruel government. "Jurors should acquit, even against the judge's instruction... if exercising their judgement with discretion and honesty they have a clear conviction the charge of the court is wrong." -- Alexander Hamilton, 1804 "It is not only the juror's right, but his duty to find the verdict according to his own best understanding, judgement and conscience, though in direct opposition to the instruction of the court." -- John Adams, 1771 Jay R. Cavanaugh, PhD, the author, is National Director of the American Alliance for Medical Cannabis (AAMC). AAMC is a group of patients, caregivers, family members, and health professionals operating in California, Oregon, Washington, New Mexico, Utah, Idaho, Colorado, Georgia, Florida, Kentucky, West Virginia, and Rhode Island with the mission of patient support and community education about adjunctive therapy with medical cannabis. Dr. Cavanaugh lives in West Hills, California with his wife Nancy and two teens, John Paul 16, and Erin aged 15. The author may be reached at: jcavana857 aol.com Information about AAMC is available at: http://www.letfreedomgrow.com Source: DrugWar.comAuthor: Jay R. Cavanaugh, PhDPublished: February 6, 2003Copyright: 2003 Kalyx com Contact: ptpeet drugwar.com Website: http://www.drugwar.com/DL: http://drugwar.com/cavanaughtranscendent.shtmRelated Articles & Web Sites:Green-Aid.comhttp://www.green-aid.com Ed Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmBryan Epis Protest Pictures & Articleshttp://freedomtoexhale.com/protestpics.htmMedical Marijuana: Blind Injustice http://cannabisnews.com/news/thread15395.shtmlA War Against The Peoplehttp://cannabisnews.com/news/thread15394.shtmlAngry Rosenthal Jurors Call For New Trialhttp://cannabisnews.com/news/thread15385.shtml 
Home Comment Email Register Recent Comments Help




Comment #9 posted by FoM on February 06, 2003 at 19:10:00 PT
JSM
Here are a few interesting links I think. The Doonesbury cartoon was an encore from last year. It was a good one though. Thanks!Medical Marijuana from Mark Fiore: http://www.markfiore.com/animation/protect.htmlNew One Today: The War On Drugs: http://www.markfiore.com/animation/drugs.htmlDoonesbury Political Cartoons: http://www.freedomtoexhale.com/db.htm
[ Post Comment ]


Comment #8 posted by JSM on February 06, 2003 at 18:56:41 PT
More cartoons
http://www.doonesbury.com/strip/dailydose/index.cfm?uc_full_date=20030202&uc_daction=XI do not think this one has been here yet. 
[ Post Comment ]


Comment #7 posted by The GCW on February 06, 2003 at 18:22:21 PT
Don't make Me puke!
"Much has been made by the present government in Washington that the United States is a compassionate Christian nation." The teachings of Christ do not even consider killing. The teachings of Christ make clear cannabis is good. The only thing Christian about Bush and His fellow warmongers, is that the Christian Bible refers to them as Man of Lawlessness, the self condemned, those who have fallen away from the faith, and worse.According to the teachings of Christ God Our Father, I would welcome America being a Christian nation. The world would be a safer place.I don't think as yet there has ever been a nation that has lived according to the teachings of Christ.I would be honored to live in a real live Christian nation.Anyone who on the one hand says they are Christian and on the other hand holds national records for killing His own citizens, is marked, Biblically. Bad genealogy is exposed indicates 2nd in the stats, is bro Governor Jeb and His execution machine in Florida. Is there any American who has killed more Americans than those 2 in recent memory?Believe Me when I tell You, Bush is not the example Christ wants Us to follow.Killing must be a bad addiction, much worse than the coke Bush snorted. Can You imagine the eyes rolling back over the rush of killing for sport?Christian fool, perhaps.
 
The Green Collar Worker.
[ Post Comment ]


Comment #6 posted by afterburner on February 06, 2003 at 18:15:23 PT:
California Must Act!
The State of California should mail information on Jury Nullification to inform all citizens of their rights as jurors as a proactive step to support the Compassionate Use Act (Prop. 215). Such information could also prevent the federal government from denying the rights of jurors in any future federal trials attempting to railroad deputized California medical cannabis providers with the Schedule One Lie.ego destruction or ego transcendence, that is the question.Jury Nullification steps: The Feds vs. Ed Rosenthal http://www.cannabisnews.com/news/thread15383.shtmlSupport Ed Rosenthal's appeal: Green-Aid.com
http://www.green-aid.com
[ Post Comment ]


Comment #5 posted by Celephais on February 06, 2003 at 13:26:48 PT
About 40%? Another Math Lesson
Hey wasn't the statistic that 40% of inmates in prison are there for merely pot possession? With an average of 68,099 inmates over the past 10 years and assuming (for the sake of argument) that that is the currnet number of inmates, then 27,240 (rounded up) inmates are there for pot possession. The 2001 estimate is that there are 19 million people in New York. 24.7% are under 18 and therefore (arguably) would not be sent to prison. That leaves approx 14,307,000 persons who are of eligible age for prison. This puts .2% of the population of New York in New York State Prison for possession of cannabis. Anybody have the numbers on the other prison/correctional facility populations in the state of New York? We could find the total population percentage of New York in a cage over a plant. And a reminder, this doesn't equate to percentage of the population that are cannabis users in general. Most probably get probation and have to get "drug counseling" if they get caught, or haven't gotten caught at all.
http://quickfacts.census.gov/qfd/states/36000.html
[ Post Comment ]


Comment #4 posted by FoM on February 06, 2003 at 12:48:47 PT
Thanks p4me
I always try to see good things in news if possible but 1300 isn't a very large number compared to the prison population stats I just found. I wonder how many inmates are there for drug charges?http://www.cga.state.ct.us/2003/olrdata/jud/rpt/2003-R-0094.htm
[ Post Comment ]


Comment #3 posted by p4me on February 06, 2003 at 12:37:56 PT
Pataki calls for reducing prison population
From http://www.buffalonews.com/editorial/20030201/2048552.aspALBANY (AP) - Gov. George E. Pataki wants to offer well-behaved drug offenders the chance to get out of prison early and cut their parole time, in a move that would save the state millions of dollars. The Republican governor's 2003-04 budget proposal, presented Wednesday, includes legislation that would reduce the prison population by about 1,300 inmates over the next fiscal year. 
[ Post Comment ]


Comment #2 posted by Celephais on February 06, 2003 at 12:11:05 PT:
That sums it up
Great cartoon FoM. Says everything that needs to be said
[ Post Comment ]


Comment #1 posted by FoM on February 06, 2003 at 11:36:18 PT
The Other War by Mark Fiore!
http://www.markfiore.com/animation/drugs.html
[ Post Comment ]


Post Comment