Showing posts with label juror. Show all posts
Showing posts with label juror. Show all posts

Jury Nullification Has Long History Of Righting Wrong Laws

by Frank Parlato.     Because justice is a result, not just a process. In 1215, when the Barons of England compelled King John to sign the Magna Carta, trial by jury was established. The King now had to seek permission through 12 citizens unanimous in their verdict before he could take anyone's freedom away. That’s why we have jury trials: To    ... MORE

Massachusetts Considers Fully-Informed Jury Legislation

Because justice is a result, not just a process.      A bill under consideration in the Massachusetts House would reaffirm the right of jury nullification by explicitly allowing defendants to tell jurors about their ability to nullify unjust or immoral laws. Introduced by Reps. Elizabeth Poirier (R-North Attleboro) and Paul Heroux (D-Attleboro), House  ... MORE

Keith Crosby: Stand Up Now Or Kneel Forever

Judge wisely.     In the United States a jury of 12 has much more power than the attorneys or judges want you to know. I urge all who are honored to serve either as a Grand Juror or Petit Juror to study and know this power before appearing to serve. John Jay, the first chief justice of our Supreme Court and a Founding Father, said, "It is presumed that ... MORE

Don’t Forget The Jury’s Power To Rule On Moral Grounds

by James Weeks II.        In recent years, many people have fallen victim to government tyranny, everything from drug offenses to tax resisters. Historically, going back to the Magna Carta, it has been the job of the jury to stand in the way of government tyranny and judge the law as well as the case. Jury nullification was used to deny convictions  ... MORE

Protect Free Speech Inside And Outside Of Courtrooms

Because justice is a result, not just a process.  In 2012, an 80-year-old retired chemistry professor was indicted on jury tampering charges for passing out brochures in a plaza outside a federal courthouse in New York. Those brochures regarded "jury nullification," an option available to jurors who might agree that a defendant broke the  ... MORE

AP: Federal Court To Hear Challenge To Jury Nullification

Free speech under assault.     A federal judge is scheduled to hear evidence in a lawsuit arguing that a Denver judge cannot bar people from telling potential jurors outside a courthouse that they have a right to ignore laws they believe are wrong. Attorney David Lane filed a lawsuit against the city and Denver police, asking a federal judge to   ... MORE

The Case Against Jury Nullification -- Rebutted

by Ilya Somin, Washington Post.    JUSTICE IS A RESULT, not just a process. In a recent post, co-blogger Orin Kerr offers a thoughtful critique of my and Glenn Reynolds’ recent defenses of jury nullification. Orin’s points have some validity.  But, on balance, I still think that jury nullification is likely to be more beneficial than harmful relative  ... MORE

Explaining Jury Nullification To A Sitting Judge

by Scott Shackford.    I spent a day last week immersed in Los Angeles County's immense judicial system downtown after being summoned to jury duty. My experience was not quite as vividly terrible as Matt Welch's in New York, partly because Los Angeles lets you complete your questionnaire and orientation videos online well in advance, and thus I was   ... MORE

Ilya Somin: Rethinking Jury Nullification

The jury's equivalent power to prosecutorial discretion. Jury nullification occurs when jurors choose not to convict a defendant they believe to be guilty of the offense charged, usually because they conclude that the law in question is unjust or the punishment is excessive. When I first thought about jury nullification as a young law student,    ... MORE

Matthew Christ: Jury Nullification Is A Moral Duty

A power for the people.   Jury nullification does not exist and no jury or defendant has the right for an instruction regarding jury nullification. I am sure that some of you have just punched your monitors, or are incensed at my hubris for speaking the truth.  In libertarian circles, some topics get so occluded with angst that we forget it is impossible   ... MORE

Jury Trials Keep The Government Under Control

by Nathan Wente.    Because justice is a result, not just a process. The 6th Amendment states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed…” The right to a jury trial should be, and was designed to be by our     ... MORE

7 Bad Laws Undone By Good Jurors

A proud tradition of doing right when the law is wrong.  What is Jury Nullification? You won’t find it defined in your dictionary or described in your encyclopedia. You weren’t taught about it in school, and indeed it is even considered a crime to tell other people about it in some circumstances. Imagine that for a moment – it is a crime to   ... MORE

All You Need To Know About Jury Nullification (PDF)

(but are prevented from hearing)  What is jury nullification? Jury nullification is the term given to the process where the jury of a criminal case acquits the defendant regardless if he has broken the law in question. The jury would do this in a case where they judge law to be unjust, therefore the jury can vote find the defendant innocent since    ... MORE

How Jury Duty Almost Turned Me Into An Anarchist

by Matt Welch.     A painful government process. "Jury duty!?!?" the former aide to a certain libertarianish senator wrote me Tuesday, after I had mentioned how I was spending my day. "A very anti-libertarian and statist idea. Compulsory service to the state. I treat jury duty like I treat voting—I show up if I feel like it. And I have not felt like showing  ... MORE

Jury Nullification: A Concept Every American Should Learn

by Kevin Mathews.     A juror can insist on justice. Did you know that, no matter the evidence, if a jury feels a law is unjust, it is permitted to “nullify” the law rather than finding someone guilty? Basically, jury nullification is a jury’s way of saying, “By the letter of the law, the defendant is guilty, but we also disagree with that law, so we   ... MORE

Tom Knapp: J-U-R-Y does not spell 'rubber stamp'

It's getting harder to prosecute victimless crimes. Break out the world’s smallest violin for prosecutors in Alachua County, Fla. They’re having problems finding citizens who will jail other citizens for marijuana possession. In one recent case it took hours to weed out (pun intended) prospective jurors who didn’t think marijuana should be illegal.  ... MORE

NH Bill Would Promote Jury Nullification Defense

The power to stand up to tyranny.    A bill in the New Hampshire State House would make it illegal for a judge to stop a defendant from telling the jurors about their ability to nullify unjust or immoral laws. House Bill 246 (HB246) would make it “an act of maladministration for a judge to deny or limit the right of the accused to inform the    ... MORE

Jury Nullification And Why It Matters In The Silk Road Trial

by  Eric Markowitz.  If you happen to be lurking around the Manhattan courthouse where Ross Ulbricht’s trial began on Tuesday, you may notice one of about a dozen signs urging you to Google something called “jury nullification.” Walk a little further, and you may just encounter activists handing out jury nullification leaflets. But if you ask them to    ... MORE