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Dead Constitution
See other Dead Constitution Articles

Title: Why America Needs Jury Nullification
Source: The Fountain of Truth
URL Source: http://www.geocities.com/fountoftruth/apostasy.html
Published: Jan 27, 2008
Author: Doug Newman
Post Date: 2008-01-27 11:23:19 by snoopdougg
Keywords: None
Views: 2095
Comments: 9

Letters to the Editor
Rocky Mountain News
101 W. Colfax Avenue, Suite 500
Denver, CO 80202

Editor:

I want to commend Chris Maj on his fine letter of January 24 on the rights of jurors.

Jurors’ rights are the most forgotten rights of all. Indeed, from before the Revolution up through the Civil War, jurors had the power to judge not only the facts of a case but also the law pertaining to that particular case. If a juror thought the law under which the defendant was being tried was unconstitutional, unjust, immoral or just plain stupid, that juror could vote to acquit and the defendant would walk. The best example of jury nullification at work can be found with regard to the Fugitive Slave Laws of the 1850s. If juror Smith opposed these laws, he could, on this basis alone, vote to acquit defendant Jones. As a result, the Fugitive Slave Laws became unenforceable.

Consider some of the onerous laws on the books today and how we could combat them if jurors only knew their rights. Imagine someone on trial for violating a tax law that not even a Harvard-educated tax attorney could understand; imagine a doctor on trial for prescribing marijuana to patients who had exhausted all conventional medical avenues; imagine a woman who uses a gun to ward off a rapist, and then faces charges when it is discovered that said gun is unregistered.

Jury nullification is the ultimate check against bad laws. Today, almost no one even knows about jury nullification. Legislators concoct new laws at a rate unthinkable a few decades ago. And the people think they are powerless in the face of a runaway government.

When I present this subject, people are often skeptical. They say things like, “Why, if a juror can acquit just because he does not like a particular law, this can only result in anarchy! We cannot have people making up laws as they go along!” I respond that jurors exercising their rights are not making up new laws, but acting in defense against bad laws. An unrestrained government – i.e. one that makes whatever laws it willy-nilly wants whenever it willy-nilly wants to -- is far more dangerous than an educated populace that uses every available tool to restrain that government.

Far from being a crackpot “theory”, jury nullification is a cornerstone of constitutional government and a truly free society.

Doug Newman
303-902-5503


If you would like to post this, please e-mail me and include the above URL.

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Begin Trace Mode for Comment # 2.

#1. To: snoopdougg (#0)

Far from being a crackpot “theory”, jury nullification is a cornerstone of constitutional government and a truly free society.

Indeed it is. However, we have too many "lawyers" that have turned the law into a business.

Cynicom  posted on  2008-01-27   11:38:11 ET  Reply   Untrace   Trace   Private Reply  


#2. To: Cynicom (#1)

too many "lawyers" that have turned the law into a business.

The business of enriching themselves at the expense of justice.

angle  posted on  2008-01-27   11:50:31 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 2.

#3. To: angle (#2)

The business of enriching themselves at the expense of justice.

Better than what I could offer.

If you want to infuriate a lawyer, tell them case law needs to be junked, every case decided upon its own merits, not what happened a hundred years ago, and then throw in judges need to be NON lawyers.

Any "lawyer" present will go into catatonic fits.

Cynicom  posted on  2008-01-27 11:54:37 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 2.

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