Chris Temple On Line

When Will Trial By Jury be Restored?

            During its current term, the U.S. Supreme Court has notably dealt with the Constitution’s Eighth Amendment (in the context of a capital case).  It will shortly rule-for the first time in some seven decades, on the Second Amendments intent of the right to keep and bear arms, in the Heller case from the D.C. Circuit.  As always, various nuances surrounding the Fourth Amendment have been looked at as well, a given these days with our rapidly growing police state.

            What has received almost no attention, though, as the 2007-2008 term winds down to its conclusion, is that trial by jury in the federal system is GONE.  And the Court despite a few recent comments and one notable decision (Cunningham v. California) to the contrary seems unwilling to rescue the effectively suspended right to trial by jury.

            You all know how the efforts to recapture this right, and related rights to due process of law under the Fifth Amendment, were first reclaimed via Apprendi, Blakely and the “merits” opinion of Booker, only to be just as quickly lost.  This has been by circumstance and misapplication, though, as by anything else; and the high Court in Cunningham seemed to be wanting to point the way back to sanity, justice and the Constitution. 

            Things did not have to deteriorate to the point where, now, the Court’s tortured opinions on crime and punishment in this context are akin to trying to put a good-looking new paint job on a car whose engine is in need of an overhaul.   The Court had a chance with Chris Temple’s Petition for a Writ of Certiorari soon after Booker to “clean up” the continuing violations of the Fifth and Sixth Amendment and protected rights made possible by the convenient misapplication by lower and appellate courts of its “remedial” holding.  Yet after compelling the Government to answer Chris’ petition (which can be read, together with the other filings in that case, at christempleonline.com) and sitting on it for nearly a year, the Court decided not to bother.  (Since then it has also turned down a chance to entertain an original habeas petition, seemingly invited prior by Justice Scalia; it can also be read at Chris’ web site.)

            Chris is not done fighting yet and hopes you are not as well.  Despite the fact that the Court continues to tolerate the very things forbidden by Apprendi, Blakely and Booker, perhaps if WE don’t go away, they WILL one of these days have no choice but to RESTORE TRIAL BY JURY! 

(If you have questions, suggestions, or input on this e-mail and the critical issues involved, you may contact:  Chris Temple, # 05442-090, Federal Prison Camp, P.O. Box 1000, Duluth, MN 55814.)