Jury Nullification: Last Refuge for Justice

BATR  November 4 2013

ALEXANDER HAMILTON (1804): Jurors should acquit even against the judge’s instruction….”if exercising their judgement with discretion and honesty they have a clear conviction that the charge of the court is wrong.”

Jury Nullification Last Refuge for Justice

A society that ignores or downplays Liberty is a culture that has lost its purpose. In such a regime, the people are relegated to the whims of the State and every citizen is at risk of criminal prosecution. Imagine the most evil attorney, like John Milton from The Devil’s Advocate movie, as a DA. The irony that the initials for a District Attorney are the same as the title of the script should not be lost. Al Pacino’s Speech could be given in any courtroom by a zealot persecutor as a closing statement.

Charging God for the injustices of the world, by a government lawyer and equating the accused with such crimes, gives new meaning to John Milton’s classic Paradise Lost. The justice system has little to do with dispensing righteous responsibility.

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What is the alternative to a kangaroo court of facilitator judges for lying state prosecutors? Historically, a verdict decided by jury is the greatest protection that any defendant can rely upon. The video, A Layman’s Guide To Jury Nullification provides an instructive analysis how a jury of ordinary citizens possesses the legitimate authority to judge both the law and the facts in a case.

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The 2 Forces That Work Against You In A Jury Trial

freemansperspective  September 19 2013

Fully Informed Jury AssociationA few years ago I received a jury summons. And while I detest the barbaric “show up or else” aspect of it, I do appreciate juries as a last ditch measure against tyranny. (In fact, years ago I spent some time with Larry Dodge, the founder of the Fully Informed Jury Association, and I’ve been a fan ever since.)

I was assigned to a slightly complicated drunk driving case, and since I have courtroom experience, the other jurors elected me Foreman. We heard the testimony in the case, which didn’t take long, and then retired to our jury room to deliberate.

Once we got going I realized, for the first time, what kind of pressures were placed on jurors. More importantly, I saw that in just an hour or two, I could have turned my jury in either direction. It wouldn’t have been hard.

I didn’t do that, of course. I oversaw the jury very loosely and was absolutely as fair as I knew how to be… without diminishing my own opinion, of course. It’s a sobering thing to decide whether a man goes free or is locked in a cage.

But, I could have turned the jury either way, and not because they were weak, stupid people (they weren’t), or because I was overbearing. Rather, I could have manipulated them because they were in a position that lent itself to manipulation.

Why Some Juries Get It Wrong

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