Tuesday, June 19, 2007

Jury nullificaition: a juror's right to judge the law, not just the defendant

Most people have never heard of it. Most jurors are deliberately kept in the dark about it by judges and attorneys. But jury nullification is a powerful tool that every prospective juror (every US citizen) should be aware of. If you are called on to act as a juror in a trial, and you feel that the law being used to prosecute the defendant is unjust, you can (and should) return a verdict of not guilty, even if the defendant is clearly guilty of violating that law.

Many judges and attorneys hate it, and refuse to inform jurors of their right to nullify unjust laws, or even acknowledge it in court, because it diminishes their power over the jury and the defendant. But this power is important because it is, in effect, a safety valve which can prevent the powerful from victimizing the weak through unfair, immoral, or unjust laws.

I think drug laws a perfect example of of why we need jury nullification. Tell all your friends about it!

en.wikipedia.org/wiki/Jury_nullification

2 comments:

Anonymous said...

set O.J. Free! there are too many black men in jail!

Anonymous said...

We didn't even discuss this in law school. I never took criminal procedure, but I wonder what the arguments would be that it's constitutional for a judge to refuse to instruct jurors on jury nullification.