Judge Nullifies Juror Nullification
There was a time in this country when most people had a good understanding of the Constitution and what our civic responsibilities are. Times have changed for the majority of folks, thanks to the dumbing down of America courtesy of government schools which avoid in depth study of our founding documents.
You have to admire those who take it upon themselves to know what our rights are under the law. One of those rights is that of being a duly knowledgeable jury member. Did you know that one of the responsibilities of a juror is not only to decide the guilt or innocence of the person on trial but to also determine whether or not the law under which the defendant is charged, is a constitutional or unconstitutional law? The juror is completely above the law, can rightly disregard any and all instructions from the bench and be entirely protected from prosecution. The juror's vote of "not guilty" can "hang" the jury and nullify the verdict because of the bad law.
The problem today is that juries are not informed of their rights, nor do most prospective jurors bother to learn what their rights and responsibilities are.
When people are ignorant of their rights, they are easily rolled by corrupt or uninformed judges who don't have the right to legislate from the bench.
Here's piece posted at The Volokh Conspiracy blog about a recent case of an informed juror who was removed by a judge who either didn't know the law, or did know the law and decided to supersede it anyway.
Check it out at the above link!
You have to admire those who take it upon themselves to know what our rights are under the law. One of those rights is that of being a duly knowledgeable jury member. Did you know that one of the responsibilities of a juror is not only to decide the guilt or innocence of the person on trial but to also determine whether or not the law under which the defendant is charged, is a constitutional or unconstitutional law? The juror is completely above the law, can rightly disregard any and all instructions from the bench and be entirely protected from prosecution. The juror's vote of "not guilty" can "hang" the jury and nullify the verdict because of the bad law.
The problem today is that juries are not informed of their rights, nor do most prospective jurors bother to learn what their rights and responsibilities are.
When people are ignorant of their rights, they are easily rolled by corrupt or uninformed judges who don't have the right to legislate from the bench.
Here's piece posted at The Volokh Conspiracy blog about a recent case of an informed juror who was removed by a judge who either didn't know the law, or did know the law and decided to supersede it anyway.
Check it out at the above link!
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