Lawyer: Jury Nullificaton
Having a potty mouth is a sin, but this lawyer knows the system is thoroughly corrupt. Those with a worthwhile souls should take to heart her advice.
Beware Judges, Police and Prosecutors, though they smile at you, are savage wolves and will tear you to pieces, using you to get what they desire.
Go! I am sending you out like lambs among wolves. (Luke 10:3)
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Jury nullification is a legal concept in the United States where a jury, in a criminal trial, returns a “not guilty” verdict despite the overwhelming evidence of the defendant’s guilt. This occurs when jurors, based on their own sense of justice, refuse to apply the law as written, often due to disagreements with the law’s morality, fairness, or constitutionality.
Origins
Jury nullification has its roots in colonial America, where juries would acquit defendants who broke British laws to protest British rule. This tradition continued in the United States, with notable examples including:
John Peter Zenger’s acquittal in 1735 for criticizing public officials, despite a law making it a crime.
The nullification of the Navigation Acts, which aimed to tax colonial trade through England. The acquittals of abolitionists who refused to enforce the Fugitive Slave Act during the 19th century.
Modern Context
In contemporary times, jury nullification is often associated with disputes over drug laws, racial disparities in sentencing, and controversial legislation. Some argue that jurors are increasingly willing to disregard laws they deem unjust, leading to acquittals in cases where the prosecution would otherwise expect convictions.
Types of Jury Nullification
Strict nullification: A jury returns a “not guilty” verdict despite believing the defendant broke the law.
Milder nullification: A jury hangs, unable to reach a unanimous verdict, effectively nullifying the law in that case.
“Jury nullification 2.0”: A jury rejects enforcement of a law through a plea bargain or Alford plea, making the law effectively unenforceable.
Jury nullification can:
Undermine unjust laws: By refusing to enforce laws deemed unfair or unjust, jurors can contribute to their eventual repeal or modification.
Protect individual rights: Jurors may nullify laws that infringe upon individual liberties or rights, such as those related to drug use or self-defense.
Challenge government authority: Jury nullification can be seen as a check on government power, allowing jurors to exercise their conscience and moral judgment.
Conclusion
Jury nullification is a complex and controversial topic, with proponents arguing it safeguards individual rights and challenges unjust laws, while critics view it as a threat to the rule of law and judicial authority. Ultimately, it remains a fundamental aspect of the American jury system, allowing jurors to exercise their discretion and moral judgment in the pursuit of justice.
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