What Is Jury Nullification?
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What Is Jury Nullification?


Have you ever heard of it before? If not it is probably not what you think.

Them: You can't choose to obey just some of the laws.

Me: What about unjust or immoral laws?

Them: Well who gets to make that decision? You?

Me: Yes, and you. Everybody must choose for themselves everyday whether to just go along or to stand up every time they do (or don't do) any thing.

Them: That leads to lawlessness.

Me: Does it? Or does the alternative lead to totalitarianism. The right to ignore unjust laws is actually in the law. One brutal straight forward example is the concept of jury nullification which has actually been held up by the courts even though they try to have people arrested for speaking about it in some places.

Them: Well if they can arrest you for it...

Me - from here on: The most likely place to be arrested for talking about jury nullification is on the court house steps. That can only be held to be illegal in my opinion if all political, legal, and moral speech is prohibited on the courthouse steps. Where they try to get you is by claiming you are trying to influence or "tamper" with a specific jury. If you choose to speak about jury nullification in front of a courthouse you will very likely be arrested for jury tampering and be forced to show you were speaking to anybody walking by who would listen. You could be forced to demonstrate you were not specifically targeting members of a jury. Yes, that's right. You could likely be assumed guilty until you prove yourself innocent. On the off chance a prosecutor choose to recognize your right to free speech and your right to a presumption of innocence until proven guilty you have still been publicly arrested and shamed right in front of the court house. This serves as a strong deterrent through fear and intimidation to speaking about a concept that has actually been protected by the court system.

I am not saying you should flagrantly violate the law when it pleases you or that you should vote to acquit an admitted murder if you are on their jury. I am saying its your social and societal obligation to not just always take the easy answer. It is your obligation to yourself and your neighbors to understand that some of the things you CAN do are not always made known to you.

Jury Nullification is the concept that a member of a jury can vote their conscience regardless of the law and regardless of instructions from the judge to the contrary. Supposedly they can not be punished for that. Atleast not legally, but you also have to remember that a judge is an almost totalitarian dictator within the confines of their courtroom. They may sometimes do things that are not just and get away with it.

None of this is legal advice. Do your own research and make your own decisions. That's the whole point.


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