The Down Range Forum
Member Section => Down Range Cafe => Topic started by: Solus on August 26, 2013, 06:38:40 AM
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I imagine we have all heard of this and have some understanding of what it encompasses.
I found this article over at the JPFO website and it is worth a look if you are interested in further understanding the full intent and power of this right.
"It is not only [the juror's] right, but his duty…to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court." (John Adams, America's second President; 1771)
"It would be an absurdity for jurors to be required to accept the judge's view of the law, against their own opinion, judgment, and conscience." (John Adams)
"I consider trial by jury as the only anchor yet devised by man, by which a government can be held to the principles of its constitution." (Thomas Jefferson, in a letter to Thomas Paine; 1789)
"The juries [are] our judges of all fact, and of law when they choose it." (Thomas Jefferson to Samuel Kercheval; 1816. ME 15:35)
Even the First Chief Justice of the U.S. John Jay, in 1789, chimed in on this issue with, "The jury has the right to judge both the law as well as the fact in controversy."
Lastly, and most succinctly, Alexander Hamilton, in 1804, said that, "Jurors should acquit, even against the judge's instruction… if exercising their judgment with discretion and honesty, they have a clear conviction the charge of the court is wrong."
http://jpfo.org/articles-assd03/jury-nullification.htm
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Great post Solus. These statements go right along with everything else we know and understand about our Founding Fathers and how they framed this nation. The question now becomes, how do you react when it goes against you; do you trust your fellow man; and what of our current emotional play on people to sway their views and opinions? These are the test questions to determine if you are truly on board with our structure.
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Another resource for a Fully Informed Jury: http://fija.org/ (http://fija.org/)
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Great post Solus. These statements go right along with everything else we know and understand about our Founding Fathers and how they framed this nation. The question now becomes, how do you react when it goes against you; do you trust your fellow man; and what of our current emotional play on people to sway their views and opinions? These are the test questions to determine if you are truly on board with our structure.
Well, if I am charged with a a crime under a bad law or the arrest was not just I don't see where Jury Nullification can hurt me.
If it is ignored, I am found guilty.
If the jury is full of sheep, I am found guilty.
If the jury has enough right thinkers, I get off.
It only makes my chances of a just outcome better....can not reduce them.