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Saturday, June 15, 2013

Jury Rights: The Next Flex Thing

OFF THE WIRE
1. What are “Jury Rights”?
2. Movie Overview
3. Campaign Objectives
4. Budget & Plan
5. Donate & Give Me Feedback
Since 2002, Flex Your Rights’ films have taught you and yours how to assert your constitutional rights on the road, in your home, and on the streets. As part of our ongoing effort to eradicate constitutional illiteracy, I decided to cover those three “theaters of battle” first. (28 million YouTube views later, I think we covered ‘em pretty well!)
Now it’s time for us to flex our rights in a courtroom theater — as members of a jury.
1. What are “Jury Rights”?
Jurys have the right and the power to find a defendant “not guilty” even if the evidence shows that a law was broken. Also known as “jury nullification” or “jury independence,” this is a well-established constitutional doctrine in American case law. It’s purpose is to protect defendants from laws that jurors feel are unjust or misapplied.
Unfortunately, most jurors are not aware of their power to vote their conscience. Even fewer know how to intelligently exercise that right. Moreover, judges often do everything in their power to keep jurors in the dark about their right. (New Hampshire is the only state that allows defense attorneys to inform juries of their right to judge the law.)
But Flex fans like you already know that you can’t count on government officials to tell you about your constitutional rights. Jury rights are no exception. That’s what this new movie is all about!
2. Movie Overview
The working title of the 40-minute film is Not Guilty: A Juror’s Guide to Protecting Good People from Bad Laws.
The main storyline features a young woman being interviewed by a reporter. She’s outing herself as the holdout juror who refused to convict a high-profile medical marijuana grower, leading to his [Spoiler Alert!] acquittal.
Through flashbacks, we learn how she embraced the news of her jury summons. Instead of avoiding service — like so many of us try to do — she carefully prepared to improve her odds of getting selected. We see how she cleverly responds to lawyers’ questions intended to weed-out conscientious jurors. Then we watch her win over jury members initially set on conviction.
Not Guilty will also present a brief history of jury independence, and straightforwardly address the most compelling moral justifications and criticisms of the practice. Viewers will fully appreciate how jury service is one of the most important things they can do to fight abusive government power.
3. Campaign Objectives
First things first, I want to create the most powerful, entertaining, and enduring jury education tool in the universe. Brochures, essays, and expert lectures are essential jury education media. But film has a unique power to inspire us to act.
When it’s completed, I will upload the full-length version and a 5-minute teaser trailer to YouTube. I’ll do my bit to persuade popular bloggers and mainstream media reporters to cover it. But ultimately the video will sink or swim based on its own merits.
It’s impossible to know exactly how popular these new jury rights videos will be. But if view trends for our existing YouTube videos offer any hint, I think that we could reach 10 million new video views within the first year of release.
But video views will be just the first measure of success. The most valuable victories will be won months and years later. These will be counted by the number of viewers who get on juries AND refuse to convict defendants charged with victimless crimes AND then choose to out themselves to the media just like our brave protagonist.
Each and every new “not guilty” verdict sends a powerful message to prosecutors and legislators: We the people will no longer help the government lock up good people for breaking bad laws.
4. Budget & Plan
My primary 2013 goal is to raise $100K to produce Not Guilty. That was the budget for our most recent film, 10 Rules for Dealing with Police. With fewer shooting locations than 10 Rules had, we should be able to achieve even better production quality with a $100K budget.
Los Angeles filmmaker Adam “Hawk” Jensen is set to direct. You might have seen his excellent Reason.TV video, The Government’s War on Cameras. Longtime Flex filmmaker Roger Sorkin is set to produce.
My secondary 2013 goal will be to complete the Not Guilty screenplay. As I explore the topic I’ll interview some of the top lawyers, scholars, and activists covering this issue. These include — but are not limited to — Radley BalkoClay ConradProf. Paul ButlerProf. James DuaneIloilo JonesProf. Michael HuemerProf. Angela J. DavisJulian HeicklenMark Sisti, and Ed “NJWeedman” Forchion.
5. Donate & Give Me Feedback
In the coming weeks and months I’ll flesh out the project in greater detail. But in the meantime your early support helps aid my writing, research, and outreach to grant-giving foundations.
Speaking of foundation grants, they take lots of time and effort to secure. (And only a precious few fund film.) So every dollar I can raise from you — my most reliable givers — provides more proof that we have a groundswell of support needed to make this project succeed.
Also, many of you are already jury nullification experts who have something to teach me. If you’ve got a short story to share about your own jury experience or you’re a lawyer or defendant with personal insights or ideas, please contact me directly or post a comment to Flex Your Rights’ Facebook page.
I’m excited to hear what you think!

Steve Silverman, Founder & Executive Director