Supreme Court Justice Sonia Sotomayor

“Our carceral state banishes American citizens to a gray wasteland far beyond the promises and protections the government grants its other citizens. ... When the doors finally close and one finds oneself facing banishment to the carceral state – the years, the walls, the rules, the guards, the inmates – reactions vary. Some experience an intense sickening feeling. Others, a strong desire to sleep. Visions of suicide. A deep shame. A rage directed toward guards and other inmates. Utter disbelief. The incarcerated attempt to hold on to family and old social ties through phone calls and visitations. At first, friends and family do their best to keep up. But phone calls to prison are expensive, and many prisons are located far from one’s hometown. ... As the visits and phone calls diminish, the incarcerated begins to adjust to the fact that he or she is, indeed, a prisoner. New social ties are cultivated. New rules must be understood.” – Ta-Nehisi Coates, The Atlantic

In a carceral state – a.k.a. a prison state or a police state – there is no Fourth Amendment to protect you from the overreaches, abuses, searches, and probing eyes of government overlords.

On Tuesday, February 24, at 9 a.m., (previously incorrectly published as 8 a.m.) the annual selection of the Scott County Grand Jury will take place on the second floor of the Scott County Courthouse. This proceeding is open to the public, and the people should avail themselves of the opportunity to participate in one of the most constitutionally protected authorities still available to hold governments accountable.

The power of the grand jury is enormous. Most of us barely know of its existence, let alone embrace its vital relevance. The Bill of Rights in the U.S. Constitution (1787) provided for grand juries as a means of checks and balances, ensuring that the people, not government, held the ultimate responsibility for providing justice: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury ... ."

The 1846 Iowa Constitution (Article 2, Section 11) reads: "No person shall be held to answer for a criminal offence, unless on presentment, or indictment by a grand jury, except in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia when in actual service in time of war or public danger" (RCReader.com/y/jury1).

The 1857 Constitution of the State of Iowa (Bill of Rights, Article I, Section 11), asserts that "All offenses less than felony in which the punishment does not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall be tried summarily before a Justice of the Peace, or other officer authorized by law, on information under oath, without indictment, or the intervention of a grand jury, saving to the defendant the right to appeal, and no person shall be held to answer for any higher criminal offense, unless on presentment or indictment by a grand jury, except in cases arising in the army, or navy, or in the militia, when in actual service, in time of war or public danger."

Annually, 12 randomly selected members of the community form the Scott County Grand Jury, seven of whom are active, while five are alternates in case one of the seven cannot perform his or her duties. The grand jury has four primary responsibilities: (1) to provide indictments on criminal activities, whether brought by the county attorney or upon its own investigations; (2) to inspect the condition of all places of confinement in the county; (3) to investigate the circumstances involving prisoners who have not been indicted within the legal period of time (45 days upon incarceration); and (4) to investigate and indict misconduct by public employees, including elected and appointed officials.

(Editor's note: "Fully Informed Juries: A New Hope for Freedom," Don Doig's commentary on jury nullification, can be found here.)

Like most people, Mike Angelos was surprised to learn about the power of juries to disregard the law. "The courts are really stacked against people," he said.

And he's trying to change that.

For more than a year, Angelos (a retired electrical engineer) and three other people have been handing out information regarding jury rights, including the power to return a verdict of "not guilty" if jurors believe that the law itself is unjust -- regardless of the facts of the case. This is commonly called "jury nullification" of laws, and the effort to spread the word about that power is known as the "fully informed jury" movement.

"The message we try to get to people is that it's the jury's right and duty to judge the law -- laws are arbitrary, bad, and misapplied -- as well as the facts of the case," Angelos said. "This was a new concept to me."