The California Supreme Court recently ruled that jury nullification was “contrary to our ideal of equal justice for all” and agreed that judges could remove jurors who resorted to nullification. The principal behind jury nullification is that jurors are allowed to vote their consciences — they can vote to acquit a defendant if they think the law he or she is charged with is unjust.
Jury nullification has a long history, especially in the United States where it played an important role in many of the most important political fights. One of the most important colonial cases, for example, was that of Peter Zenger who was accused of publishing accurate statements attacking the Governor of New York. Under British law, this constituted “seditious libel” and Zenger clearly violated the law. Yet a jury acquitted him because they though the law unjust.
Jury nullification has played a prominent role in a number of other contentious social issues. Many people don’t like the idea that jurors would decide that a given law is unjust, but ask yourself this. If you were sitting on a jury and there was more than enough evidence to establish that the defendant committed the accused crime beyond a reasonable doubt,
1. Would you have voted to convict someone under the Fugitive Slave Act of helping a slave to escape?
2. Would you have voted to convict someone accused of miscegenation (sex between people of different races)?
3. Would you vote to convict someone accused of leading a union picket against a corporation?
4. Would you vote to convict someone guilty of homosexual sexual relations?
All of these were once crimes in the United States — and homosexual sex still is in many states. When presented with such cases, some brave juries refused to convict people of these “crimes” on the grounds that the law they were prosecuted under was unjust.
According to the California Supreme Court, those people on NOrthern juries who refused to convict people for aiding and abetting fugitive slaves were “contrary to our ideal of equal justice for all.” I say more power to them.
Source:
High court throws out ‘conscience’. Matt Sebastian, Contra Costa Times, May 8, 2001.
I have been researching jury duty and came across jury nullification; it’s amazing. I understand they don’t use juries in many places around the globe. I cant understand why some people absolutely hate to have to go to jury duty here in the US. I say its a priviledge.
Jury nullification is a common law right and can not be constitutionally obviated by statute.