Jury Nullification: Judging The Law Itself
Jurors have frequently sought to exercise their power to nullify in a myriad of circumstances over the years. Jurors have, despite evidence presented indicating someone's guilt, rendered not-guilty verdicts in various cases for a number of reasons.
Some of them being that they either thought the law was being unfairly applied, they didn't morally agree with the law, or they thought the punishment that went along with it wasn't going to be just.
Despite any evidence that the jury might have been confronted with in their cases, they have on occasion opted to acquit in a variety of different circumstances, under the basis of nullification. And when called to jury duty, it isn't often that the court will take the time to inform the jurors of nullification and they will instead instruct them that they are only to consider the facts in the matter.
You'll find many judges and lawyers around today who will insist that they don't recognize any such right of a jury. However, there are many other legal scholars, judges, and activists etc, who disagree with them, and who have taken the time and effort to try and educate their fellow citizens on the history of jury nullification in the US and elsewhere. In some instances, activists trying to pass out literature on jury nullification have been arrested on charges of jury tampering or obstruction of justice.
The tool of nullification has been used in both good ways and bad; helping the innocent and protecting the violent. Most notably, nullification has been credited with helping to put an end to alcohol prohibition, as it was frequently said to have been exercised in cases involving prohibition laws. If juries believe that the law is oppressive, nullification has afforded them with an option to do something about it. Likewise, if they think a well-intended law is being unfairly applied, or if the punishment is going to be unjust, these have also been reasons cited for jurors exercising nullification.
As more people have now learned about the history of jury nullification, it's alleged that a growing number of potential jurors are indicating that they would nullify in certain circumstances.
Jury nullification is an act by the juror that indicates an acquittal based on principle and is said by many legal scholars that it can be used as an effective check-and-balance against what are deemed unjust prosecutions or unjust laws.
Though there are many legal scholars and judges who have claimed that jurors do have this power, there are other legal critics who claim that such nullification isn't legally binding. Not only that, but critics of this sort of behavior have even gone so far as to say that promoting it or even permitting it would in-return lead to ”anarchy in the courtrooms”.
Those in favor of jury nullification have argued back saying that by not allowing jurors to know or exercise this sort of nullification, that it promotes an unjust result overall and limits the ability of jurors to exercise any discretion or mercy.
Supporters of nullification affirm that it is a tool that can be used to help jurors to do their job in a more honest way. They see it as enabling them to operate in a more just manner by not only considering the facts of the matter but by also taking the time to consider how the law is being applied and what the penalty for breaking it might be.
Especially when it comes to laws that might be unconstitutional, juries could act in a defensive effort against tyranny in trying to nullify what they deem to be unjust laws. Therefore they could serve as a check-and-balance against the corruption of law and any bias of judges. Regardless of the critics, many civil liberties advocates and other legal scholars today still insist that jury nullification is an effective tool that more people should be aware about, because it can be potentially used for a lot of good to try and bring about some drastic political change.
Pics:
Marianne Boucher via Toronto Star
via Irish Central
via um-insight.net
Sources:
http://www.nytimes.com/2011/12/21/opinion/jurors-can-say-no.html
https://www.cato.org/publications/commentary/justice-often-served-jury-nullification
http://www.statepress.com/article/2017/10/spopinion-jury-nullification-is-a-way-for-young-voters-to-bring-about-change
This is a very important post right here. If we had more fully informed jurors we would most likely see this broken system begin to repair itself.
I am friends with a couple of people that were sent to jail for passing out Jury Nullification education pamphlets so obviously there is a reason the courts do not want jurors fully informed. All the more reason to move ahead and inform them of their true rights to challenge even the judge.
Hope folks are paying attention to this. Thank you @doitvoluntarily I will be resteeming.
It's a great way to get out of jury duty all together too. When they are trying to determine if you would make a good candidate or whatever just tell them you believe in jury nullification, most of them will kick you out to avoid the hassle.
hehe yeah. though I could never do jury duty, too many disorders and a mental illness.
@doitvoluntarily It will be great once every jury member gets it and uses the power to say I am not going along with the rest of the jury especially in drug cases. People should not be locked up for a Plant the Govt. does not like.
Hmmm.....Interesting. Am not really a political person but you have improved my knowledge on politics. Nice and informative post.
Excellent and informative post my friend. I was familiar with jury nullification and its potential uses before reading your post and you have done an excellent job of explaining it and it's potential to anyone who might not.
Glad to see information like this being shared. Thanks again mate!
Very important information here thanks. We are kept from a lot of theses truths that are there to help the elite escape laws they set. Thanks for bring this to light for me :)
It's useful post...Thank you for sharing bro👌👍
Keep up it😃😃
It's useful post...Thank you for sharing bro👌👍
Keep up it😃😃
Very informative post. Great work, keep it up!
We had a grand bit of Jury Nullification here in Dublin a few months ago when a hugely unpopular case was brought against 6 protesters for 'false imprisonment' when they surrounded a minister's car during a protest against water charges.
Though there was ample video evidence showing the minister's car being surrounded by the protesters, and despite instructions to the contrary from the judge, the jury returned a unanimous not guilty verdict.