I'm sure a lot of people on this list have done jury duty at some point in their lives. If you have a chance to do it again, here is something to remember:
JURY NULLIFICATION
Jury nullification has been upheld as a sacred legal principal in English common law for 1000 years. Alfred the Great, a great English king a thousand years ago, hung several of his own judges because they removed jurors who refused to convict and replaced these courageous jurors with other jurors they could intimidate into convicting the defendant on trial.
Jury nullification also goes back to the very beginning of our country, as one of the crucial rights our Founding Fathers wanted to protect. Our Founding Fathers wanted juries to be the final bulwark against tyrannical government laws. That's why they emphasized the right to a jury trial in three of the first ten amendments to the Constitution. John Adams, second President of the United States, Thomas Jefferson, third President and author of the Declaration of Independence, John Jay, First Chief Justice of the U.S. Supreme Court, and Alexander Hamilton, First Secretary of the Treasury all flatly stated that juries have the right and duty to judge not only the facts in a case, but also the law, according to their conscience.
In 1969, in "US. vs. Moylan," the Fourth Circuit Court of Appeals upheld the right of juries to judge the law in a case. In 1972, the Washington, D.C. Court of Appeals upheld the same principal.
How come the judge didn't tell us this?
That's because of the Supreme Court decision in "Sparf and Hansen vs. The United States in 1895." That decision said juries have the right to judge the law, but that a judge doesn't have to inform juries of this right. Cute, huh? And guess what happened after this decision? Judges stopped telling juries about their rights."
Judges know about jury nullification. All judges do. But they hate letting juries decide the law. They hate juries taking power away from them. That's why judges never mention a jury's right to judge the law, and most Judges squash defense attorneys from saying anything about it in court.
JURY NULLIFICATION
Jury nullification has been upheld as a sacred legal principal in English common law for 1000 years. Alfred the Great, a great English king a thousand years ago, hung several of his own judges because they removed jurors who refused to convict and replaced these courageous jurors with other jurors they could intimidate into convicting the defendant on trial.
Jury nullification also goes back to the very beginning of our country, as one of the crucial rights our Founding Fathers wanted to protect. Our Founding Fathers wanted juries to be the final bulwark against tyrannical government laws. That's why they emphasized the right to a jury trial in three of the first ten amendments to the Constitution. John Adams, second President of the United States, Thomas Jefferson, third President and author of the Declaration of Independence, John Jay, First Chief Justice of the U.S. Supreme Court, and Alexander Hamilton, First Secretary of the Treasury all flatly stated that juries have the right and duty to judge not only the facts in a case, but also the law, according to their conscience.
In 1969, in "US. vs. Moylan," the Fourth Circuit Court of Appeals upheld the right of juries to judge the law in a case. In 1972, the Washington, D.C. Court of Appeals upheld the same principal.
How come the judge didn't tell us this?
That's because of the Supreme Court decision in "Sparf and Hansen vs. The United States in 1895." That decision said juries have the right to judge the law, but that a judge doesn't have to inform juries of this right. Cute, huh? And guess what happened after this decision? Judges stopped telling juries about their rights."
Judges know about jury nullification. All judges do. But they hate letting juries decide the law. They hate juries taking power away from them. That's why judges never mention a jury's right to judge the law, and most Judges squash defense attorneys from saying anything about it in court.