Nov 23, 2014 Posted by AGA Editor

Jury Nullification: What You Need to Know

Jury Nullification: The Top Secret Constitutional Right

Did you know that the trial jury was intended by America’s Founders to be a political institution?

Did you know that jurors under our system of justice have the responsibility to protect our rights from infringement by the government?

Did you know that jurors can judge the fairness or constitutionality of the law itself?

Did you know that judges, prosecutors, and many lawyers don’t want you to know the truth
about your power as a juror?

When the jury or even you, a single conscientious juror, decide that the law itself is unjust or it is being applied improperly, you may decide not to enforce the law in the case before you, no matter the evidence.

If a juror accepts as the law that which the judge states, then the juror has accepted the exercise of absolute authority of a government employee and has surrendered a power and right that once was the citizen’s safeguard of liberty.

This is known as jury nullification. Basically, it’s the jury’s way of saying, “By the letter of the law, the defendant may be guilty, but we disagree with that law, so we vote to not punish the accused.” Ultimately, the verdict serves as an acquittal.

Haven’t heard of jury nullification? Don’t feel bad; you’re far from alone. If anything, your unfamiliarity is by design. Generally, defense lawyers are not allowed to even mention jury nullification as a possibility during a trial because judges prefer juries to follow the general protocols rather than delivering independent verdicts.

Surprisingly, the Supreme Court has routinely agreed that judges have no obligation to inform juries about jury nullification. I wonder why this is never talked about in courtrooms?

If you serve on a jury, you should KNOW YOUR RIGHTS AS A JUROR!

Did you know that when you sit on a jury, you may vote on the verdict according to your conscience. It is true. But then… Why do most judges tell you that you may consider “only the facts” — that you must not let your conscience, opinion of the law, or the motives of the defendant aἀect your decision? In a trial by jury, the judge’s job is to referee the event and provide neutral legal advice to the jury, properly beginning with a full explanation of a juror’s rights and responsibilities.

But judges only rarely “fully inform” jurors of their rights, especially their right to judge the law itself and vote on the verdict according to conscience. In fact, judges regularly assist the prosecution by dismissing prospective jurors who will admit knowing about this right—beginning with anyone who also admits having qualms with the law. We can only speculate on why.

The primary function of the independent juror is not, as many think, to dispense punishment to fellow citizens accused of breaking various laws, but rather protect fellow citizens from tyrannical abuses of power by government.

The Constitution guarantees you the right to a trial by jury. This means that government wants do deprive any person of life, liberty, or property. Jurors can say no to government tyranny by refusing to convict. And you should if you feel the law is unjust or does not apply.

If you want more information in Jury Nullification, follow the links below. You will be awakened.

The Jury’s Secret Power

True or False about Jury Service

Who owns your body?

Jury nullification is undoubtedly feared because of its ability to upset the system. A jury that considers drug laws to be outrageous can nullify. A jury that is aware of the mass inequality in incarceration rates and believes a defendant was targeted via racial profiling can nullify. A jury that believes a harmless defendant is a victim of the prison industrial complex rather than a perpetrator can nullify. This counter-verdict exists so that citizens can right the wrongs inherent in our supposed “justice” system.

It’s absurd that such an immense power remains a secret to jurors throughout the process. Essentially, it’s a crapshoot as to whether a juror has prior knowledge of the ability to nullify – an unfair fate given what’s at stake.

Whether or not you choose to exercise the option of jury nullification the next time you serve on a jury is up to your own discretion, but all jurors should at least be aware that this option is available to them.

Are you awake Yet?