HomeLaw in AmericaJury Nullification 
Last Updated: Apr 23, 2007.

 

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"I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution."

- Thomas Jefferson.

Jury Nullification

Because of our "government's" self-serving tendency to not fully inform the people and a serious lack of law-related education in our public schools, jury nullification is an issue that few Americans outside of the legal profession are likely to be familiar with. The term remains relatively unknown to the general public, but knowledge of it could be of incredible importance to any citizen who finds himself in a courtroom, and this knowledge could also have a dramatic impact on how we Americans view and utilize our right to a trial by a jury of our peers.

An explanation of the issue is surprisingly straightforward considering just how potentiallly powerful and dynamic its effect can be in any jury trial. The jury is able to decide a case based not only on their interpretation of the facts presented but also on their opinion of the law involved. For intance, if a juror feels that the law involved in the case over which he is deliberating is questionable or perhaps shouldn't be a law at all, then that juror can, in effect, nullify the law for the purpose of that particular case.


The section below has not even been fact-checked or verified, but will be very soon.

Safeguard of Liberty

This seemingly under-used and under-appreciated ability of the jury is an excellent defence against the tools, specifically that of bad or unpopular legislation, that an oppressive government wields. No matter how many bad laws, statutes, codes, or regulations that our nation is encumbered by, we will always be able to sleep a little easier knowing that a trial by a jury of our peers is able to easily overcome unnecesary obstacles to our liberty as long as the jury is fully informed of their abilities.

Also, although I have not yet read this anywhere, it occurs to me that this allows particular respect to be afforded to minorities rights in the context of the saying, "majority rule with minority rights." Further discourse and links to sites that advocate this inherent aspect of the judicial system of our republican government will be forthcoming as time permits.

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