Jury Nullification

[M1911Owner]

While jury nullification has at times been racist, is has also been used to nullify racist government policies. Specifically, the pre-Civil War fugitive slave laws were commonly nullified by juries. From what I've read, the government almost was unable to get any convications at all, because the people didn't believe in the futitive slave law, and wouldn't enforce it.

 

[BB93YJ]

My reason for originally posting this was that it is to our advantage to be knowledgable about what is available to us when/if we serve on jurys. I'd be willing to bet that most people are unaware of Jury Nullification.

I don't think a prosecuting attorney or the judge presiding over a case is going to tell the jury that they have the ablility to make a law null and void.
They, (the judge and prosecutor), like their positions of power over us peons, and it more than likely scares them at the thought that We the People, could/would/should, excercise our fundamental right to declare a law unfit, unfair, unjust, and nullify it. But, we do have that fundamental right and need to be aware of it, and if need be, use it!

 

[BigG]

I think the title "Jury Nullification" is a little grandiose. You do not have "the ability to make a law null and void," rather you have the power to thwart a conviction in a particular case under said law. The law continues to exist (is not nullified (destroyed)) and the prosecutor can indict somebody else tomorrow. Or am I missing something?

 

[BB93YJ]

Sorry, I've overstated. However, would it not be a precedent that could be pointed to and used by lawyers on other like cases?

 

[BigG]

In my miniscule understanding of the law, precedent is only from recorded cases and cases are mostly only recorded on appeal to higher courts like the state level appeals courts, the US Courts of Appeals, or the US Supreme Ct. So an individual case in a local jurisdiction, where I, George, voted as a juror to acquit some guy would have no other effect than to acquit that guy. The next jury on a similar case could convict the next guy. If I'm wrong, please tell me. I'm always willing to learn.

 

[hvengel]

One of the interesting things that is overlooked about this is that it only takes a small percentage of the population to have a large affect with this. I read some where (can't find the source right now) that if only 5% of the jury pool were in opposition to a law AND were to vote this in the jury room that this would result in something like 60% of these cases resulting in hung juries. If this goes up to 10% of the population then the odds of nullification go up to something like 90%. Think about it. If there are 12 jurors what are the odds that there is AT LEAST ONE of these that does not like the law if 5% or 10 % of the population does not. It is not 5% or 10% as it is a 5% or 10% chance for each juror. Nullification CAN be a very powerful tool if we start using it.

One historical example is that during the period before the civil war it became routine for juries in the north to nullify when the law was one involving slavery. For example, when the government tried to prosecute those that helped slaves escape. In the north it became almost impossible to get convictions on any law that involved slavery and as a result in the period leading up to the civil war these charges were not used in the north. In effect making these laws null and void in the northern states.

The real problem that we face is that most of the population does not know that we not only have the right to nullify but in cases where we beleive that the law is unjust or unconstitutional we have an obligation to nullify. As a result we have jurors that vote to convict even though these jurors beleive that the law is unconstitutional.

 

[BigG]

Three quick questions/statements:

1. You do not appoint yourself to a jury.

2. About 80% of the populace is effectively brain dead and could not understand the ideas you espouse or would disagree with your side of the issue if they did.

3. Jurors are under oath. Some would balk at letting a lawbreaker go free in return for a political smack at the gomt.