The right to disregard the law if you morally disagree with it also comes from the fact that jurors are sovereign in this area and cannot be punished for the verdict they render, no matter how unpopular it is to the general public or the specific judge presiding over the case. Also, defendants found not guilty cannot be retried for the same crime. Hence, once a jury finds a defendant not guilty, there is no mechanism for a prosecutor to bring the case against the same defendant again.
Wanna get out of jury duty?
Just let them know you believe in Jury Nullification.
The other agency of the people that needs to be recognized is the independence of the grand jury. A grand jury need not limit itself to investigating what the prosecutor sets before it. It can lead an investigation to wherever it wants, the objections of the prosecutor notwithstanding.
Do we want juries in Washington DC ruling us? That would expose any federal politician to arrest and a show trial conviction.
For example...if I was ever a juror in a case involving a so called " hate crime" I'd vote "not guilty" on any charge that's labeled as such. Why? Because I absolutely reject the very concept of hate crimes. If the case is a white guy assaulting a black guy....with no justification...if the evidence supported it I'd vote "guilty" of assault and,perhaps,other things as well. But I don't give a rat's hindquarters whether he assaulted the guy because he was black...or because his wife had just left him.
However, the judge has the right to set aside a jury verdict.
Did not know of Justice Goodloe, but am on a first name basis with former WASC Justice Richard Sanders who would agree with everything the former Chief Justice Goodloe wrote.
1Un-elected or rigged election
2Elected, maybe in red states
3Totally unaccountable to the citizenry
I was picked for jury duty once, when I asked about this ... I was dismissed and sent home.
Every time I read or partake in a discussion around juries and their responsibilities, powers, and processes I immediately am reminded of Charles Laughton in “This Land is Mine” speaking to the Jury at the end of the movie and letting them know he understands what they have to do to allow the French to retain some semblance of their civil rights.
Great movie
Are you sure about this?
What about a judge who sets aside the jury verdict and makes a bench ruling for a new trial?
-PJ
The Sussman verdict was a clear and overt act of nullification, based entirely on partisanship, witha total disregard for the facts and evidence.
The Establishment has found a way around that as well, in making things both state and Federal violations, so that if you get an acquittal on the state charge, you simply turn around and file a Federal charge. Same act, different offenses.
Considering Jury Nullification: When May and Should a Jury Reject the Law To Do Justice
Annotation:
Nullification of the law can take the forms of non- prosecution, judge or jury nullification, and pardon or amnesty. Jury nullification occurs when jurors, based on their own sense of justice, refuse to follow the law and acquit a defendant even when the evidence presented seems to point to an incontrovertible verdict of guilty.
Abstract:
The current concerns with nullification seem to stem from disquieting societal trends, centered around racial disharmony and antagonism. However, nullification is a legitimate result of an appropriate constitutional process safeguarded by judges and the judicial process. This author, for one, maintains that, although juries should not be explicitly instructed that they have the power to nullify, judges should use their discretion to allow nullification by applying the concepts of relevancy and prejudice and by admitted evidence bearing on moral issues. Most jurors, he points out, follow the evidence, deliberate fully, and ask the right questions during their deliberations.
Nullification had its American origins in colonial juries which ignored British law to acquit dissidents. Along with civil disobedience, nullification may be seen as an integral feature of the birth of this nation. The group decisionmaking process inherent in the jury system protects the law from the chaos that would result if each individual could interpret it according to his sense of justice. This author concludes that judges should allow nullification without fostering it.