1) I was selected for jury duty in San Antonio more than ten years ago. While
waiting, (and waiting!) I struck up a conversation with a chap who explained Jury
Nullification to me. I had never heard of such a thing. He said a (?member of the
Jury?) or (?majority of the jury?) could declare the law to be unconstitutional and
actually nullify the law - not just declare the accused “not guilty”. I thought he
was nutso.
During jury selection, the judge was very clear and very specific that it was NOT
our job as jurors to evaluate or judge the law. We, as fact-finders, were tasked
with determining whether there was an infraction of established law - in which case
we had no choice but to render a verdict of guilty. He asked if anyone here might
be unable to do that. My new friend immediately stuck his hand up. I thought
about “MIGHT be unable to do that” and I stuck my hand up. The two of us were
sent home immediately - not even permitted to ask a question or speak - apparently for fear we might “contaminate” the prospective jury members.
2) I had book-marked this site on jury selection but it now comes up, “Page not
found.” http://www.surf.com/~graham/jury_nullification.html I don’t
remember, specifically what was there, so...
3) I did a search on aol.com for “Jury Nullification”. Jeez! A bzillion hits:
= http://home.utah-inter.net/don-tiggre/jrp.appartwt.htm
Here you can read about a “hemp activist” who did not volunteer her background
when she was selected for jury duty. She was fined $1200 for contempt. The
question of Jury Nullification apparently was not decided. There’s more at:
http://internet.ggu.edu/university_...ome.utah-inter.net/don-tiggre/jrp.lkwplet.htm
= The Fully Informed Jury Association maintains we have the right!
http://metalab.unc.edu/fija/fijaintr.htm
= http://www.cap-press.com/conrad/ seems to indicate we have the right
but can’t use it.
= http://www.buildfreedom.com/ft/jury_nullification.htm has a LOT of
material on Jury Nullification.
= http://www.fija.org/masters.htm discusses the right to distribute
leaflets about this subversive Jury Nullification thing.
My God, there’s pages and pages of references to “Jury Nullification” on the
aol.com search engine.
5) So, perhaps I have jumped the gun! Maybe we still have the right of Jury Nullification. So, please direct me to a case where Jury Nullification has been
successfully employed in the last fifty years.
If we have the right but are not allowed to use it, do we actually have it? I think
not (but I am open to corrections). We have the Second Amendment, but we are
“infringed” as the dickens. I believed such may be the fact with Jury Nullification.
6) I really like the idea of Jury Nullification. IF we have that right, let’s get on juries and tear down gun control laws. These laws clearly violate the Second Amendment.
Wouldn’t Sarah Brady and Rosie have a fit?
If the judge commands us to find a defendant “guilty”, are we subject to
“contempt” if we follow our conscience and declare the law to be invalid?
Clue me in, guys! I truly thought we had lost this final check upon governmental
tyranny - if not in fact, at least in practical terms. If I’m wrong, in practical terms, as Bugs Bunny would say, “You realize, of course, that this means war!” - in the courts, of course.
Perplexed, and Prepared to be Humbled, Grump
waiting, (and waiting!) I struck up a conversation with a chap who explained Jury
Nullification to me. I had never heard of such a thing. He said a (?member of the
Jury?) or (?majority of the jury?) could declare the law to be unconstitutional and
actually nullify the law - not just declare the accused “not guilty”. I thought he
was nutso.
During jury selection, the judge was very clear and very specific that it was NOT
our job as jurors to evaluate or judge the law. We, as fact-finders, were tasked
with determining whether there was an infraction of established law - in which case
we had no choice but to render a verdict of guilty. He asked if anyone here might
be unable to do that. My new friend immediately stuck his hand up. I thought
about “MIGHT be unable to do that” and I stuck my hand up. The two of us were
sent home immediately - not even permitted to ask a question or speak - apparently for fear we might “contaminate” the prospective jury members.
2) I had book-marked this site on jury selection but it now comes up, “Page not
found.” http://www.surf.com/~graham/jury_nullification.html I don’t
remember, specifically what was there, so...
3) I did a search on aol.com for “Jury Nullification”. Jeez! A bzillion hits:
= http://home.utah-inter.net/don-tiggre/jrp.appartwt.htm
Here you can read about a “hemp activist” who did not volunteer her background
when she was selected for jury duty. She was fined $1200 for contempt. The
question of Jury Nullification apparently was not decided. There’s more at:
http://internet.ggu.edu/university_...ome.utah-inter.net/don-tiggre/jrp.lkwplet.htm
= The Fully Informed Jury Association maintains we have the right!
http://metalab.unc.edu/fija/fijaintr.htm
= http://www.cap-press.com/conrad/ seems to indicate we have the right
but can’t use it.
= http://www.buildfreedom.com/ft/jury_nullification.htm has a LOT of
material on Jury Nullification.
= http://www.fija.org/masters.htm discusses the right to distribute
leaflets about this subversive Jury Nullification thing.
My God, there’s pages and pages of references to “Jury Nullification” on the
aol.com search engine.
5) So, perhaps I have jumped the gun! Maybe we still have the right of Jury Nullification. So, please direct me to a case where Jury Nullification has been
successfully employed in the last fifty years.
If we have the right but are not allowed to use it, do we actually have it? I think
not (but I am open to corrections). We have the Second Amendment, but we are
“infringed” as the dickens. I believed such may be the fact with Jury Nullification.
6) I really like the idea of Jury Nullification. IF we have that right, let’s get on juries and tear down gun control laws. These laws clearly violate the Second Amendment.
Wouldn’t Sarah Brady and Rosie have a fit?
If the judge commands us to find a defendant “guilty”, are we subject to
“contempt” if we follow our conscience and declare the law to be invalid?
Clue me in, guys! I truly thought we had lost this final check upon governmental
tyranny - if not in fact, at least in practical terms. If I’m wrong, in practical terms, as Bugs Bunny would say, “You realize, of course, that this means war!” - in the courts, of course.
Perplexed, and Prepared to be Humbled, Grump