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
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
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
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
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
by Jacob Sullum. But, it still won't drop charges against those arrested for doing so. Yesterday a federal judge in Denver issued
a preliminary injunction protecting the First Amendment rights of
activists who want to distribute jury nullification pamphlets outside
the Lindsey-Flanigan Courthouse. Two activists, Mark Iannicelli and Eric Brandt,
did ... MORE
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
by John W. Whitehead. Saddled with a corporate media that marches in lockstep with the government, elected officials who dance to the tune of their corporate benefactors, and a court system that serves to maintain order rather than mete out justice, Americans often feel as if they have no voice and no recourse when it comes to holding government ... MORE
City violates First Amendment rights. More force, threats and intimidation from government. It is astonishing that Denver police would arrest someone for handing out political literature outside a courthouse. It's even more astonishing that prosecutors would charge that person with seven felony counts of jury tampering. Yet that is what happened ... MORE
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
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
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
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
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
Because justice is a result, not just a process. A murder case that prompted a Wichita woman’s run for governor last year is in the hands of a Sedgwick County jury. Kyler Carriker, the son of former gubernatorial candidate Jennifer Winn, faces a life sentence without parole eligibility for 20 years if he is convicted of first-degree felony murder in the ... MORE
by Matt Agorist. Does it matter that he did nothing morally wrong? Kyler Carriker is a loving husband and a father whose life could be ruined because of the ridiculous nature of the state’s war on drugs. According to Carriker’s family, on April 17, 2013, Carriker and a friend had finished work and were headed out to go fishing. They were stopped by ... MORE
by Steve Williams. The dictates of politicians in robes. At least three jaw-droppingly unconstitutional decisions have been rendered in the past two days by The Supreme Court of the United States. Obamacare, which forces Americans to buy a (very crappy) product or be
financially penalized, was "re-written"(that is, childishly
rationalized) for ... MORE
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