Saturday
University of Tennessee law Professor Glenn Reynolds has an excellent paper on jury nullification, a subject near and dear to the hearts of libertarians.
Jury nullification is a common law concept with ancient roots in Anglosphere law. During the run up to the American Civil War it was used repeatedly, and much to the State's chagrin, to make the Fugitive Slave Act unenforceable. Juries would not convict persons arrested for assisting in the escape of slaves.
Law in the US has again taken a turn towards State convenience and interests over those of the individual and liberty so it is high time we dust off this legal concept and start telling judges and the legislature to 'shove it'.
Important point! Although it would result in a few people that most of us would want convicted being acquitted, that is far outweighed by giving citizens a chance to say "here the state must stop"!
Posted by Rich Paul at March 8, 2008 08:55 PM
I'm glad to see someone doing some serious research on this important issue. Jury nullification is an ancient common law principle and has been upheld explicitly by the US Supreme Court. Still, far too many judges hate the concept, and overtly lie to juries about it. That should be grounds for impeachment, but of course that never happens.
Posted by Laird at March 8, 2008 10:17 PM
Sadly enough, jury nullification is being subverted, in relatively new and absolutely ridiculous ways, such as "judgment notwithstanding verdict" (aka JNOV) and "directed verdict, among others. In an ironic reversal, it's beginning to seem that if you use it, you'll lose it.
Posted by Plamus at March 9, 2008 12:00 AM
Actually, judgment NOV (which is not a new concept) isn't a particular problem (at least in criminal trials), because it can't change a finding of not guilty into guilty, only the reverse.
Posted by Laird at March 9, 2008 12:51 AM
Incidentally, the Fully Informed Jury Association (Link) is dedicated to "spreading the gospel" about jury nullification and has an entire website devoted to the topic. Worth a visit.
Posted by Laird at March 9, 2008 12:56 AM
Glenn Reynolds is a blogger of some note at Instapundit (it's his site).
Also, there's a great, balanced (but pro-nullification book) called Jury Nullification: The Evolution of a Doctrine by Clay Conrad.
Posted by andyinsdca at March 9, 2008 01:17 AM
Glenn Reynolds is a blogger of some note at Instapundit
You don't say? :-D
All hail to the Blogfather (PBUH)
Posted by Perry de Havilland at March 9, 2008 01:36 AM
