Jury Nullification

Do juries have to follow the law in rendering a verdict? That seems like a silly question doesn’t it, of course they have to follow the law, or do they. What if a jury feels a law is unjust; can they reach their own conclusions?

The 7^th amendment doesn’t say much: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”

Several of the first amendments deal the courts. The 4^th requires search warrants, the 5^th has to do with eminent domain and due process as well as double jeopardy, the 6^th is about the right to speedy trial and confronting your accuser, the 8^th deal with excessive punishment.

But it all goes back to the framers of the constitution wanting to follow English Common Law going back to the 12^th century (Magna Carta). They wanted checks upon the powers that be (government) if they seemed unjust to the common folk. Thus it is part of our history to have jury nullification that the jury can indeed go against the law of the land if they think it is unjust. Not all judges like this idea much.

In our country 95% of court decisions are outside the jury by your peers process, or deals are made. It is very efficient. It also means the poor folk don’t get the same justice as rich folk who can afford jury trials. We all know how many BP leaders, Bankers who broke the law, and CEOs or cheat go to jail; but smoke a joint and off to the slammer you go.

Of course, if everyone got a jury trial the courts would be clogged up even more than they are even though human rights are trampled upon now. Ah, like banks, and big business, and the like, perhaps the country is just too big to be governed well.

It is like government regulations that have no one or too few to to enforce them. Dodd-Frank the Wall Street Reform and Consumer Protection Acts was a good piece of legislation. But what has it done?

I have always been fascinated by the law from the Code of Hammurabi to Roman Law to Byzantine Farmer’s Law to English Common Law as well as biblical law. Law is an essential part of civilization. But law in our country has become so combative justice often gets lost in the process.

Jury trials should be like serving in the military; something citizens should be expected to do and do. Twelve men and women, peers, guided by the law, rendering justice as they see fit. It is not a very even or even just process all the time, but it has merit and should be practiced.