Saturday, July 18, 2009

Jury Nullification: the reason juries are needed.

Recently I came upon a series of tweets discussing Jury Nullification. I was shocked to learn that prospective jurors are being rejected just for mentioning it. THIS IS JUST WRONG! Any law, no matter how carefully thought out and crafted by strongly legal minds can encounter circumstances where blind application of said law becomes unjust. Juries "of peers" are the means for real people to influence the way a law is applied to specific situations. I'm sure the people who spend most of their lives studying the "legal" application of the law do not want a jury to bypass legal education and decide according to circumstance. The founding fathers intended the jury system to be the check/balance on the legal system. Juries keep the lawyers and judges human and limit their power to be blind to circumstance. Jury nullification is an implied right and a citizens duty when a law is being applied wrongly. As long as people have the right to make decisions as people we will have lawyers instead of robots in control of the legal system. Once the juries loose the right to decide, the government becomes much more powerful and dangerous. Sure there are cases where juries have freed widely accepted guilty persons. This is not a condemnation of jury nullification, instead it highlights a prosecutorial failure. We need to spread the word through the "underground" that if you serve on a jury, you have the right to decide guided by your own heart and soul, and not according to the judge's instructions. I know the one jury I was part of did just that.

1 comment:

fiveboxes said...

Check out The Jury Box for more information about jury nullification. It has information on its history, purpose, importance, when and why juries stopped being informed about it, and what you can do to help.