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The Case For Jury Nullification

 

https://www.peoplespunditdaily.com/opinion/2018/01/13/case-jury-nullification-part-ii/


t’s not surprising to learn that the government does not like jury nullification.

But what is shocking is that the state is willing to imprison people for exercising their rights to free speech by informing potential jurors about nullification.

Here’s some of what Jacob Sullum wrote.

…a Michigan judge sentenced a local activist to eight weekends in jail, plus $545 in fines, 120 hours of community service, and six months of probation, for passing out jury nullification pamphlets in front of the Mecosta County courthouse. Keith Wood, a former pastor and father of eight, was arrested in November 2015 and convicted last month of jury tampering, a misdemeanor punishable by up to a year in jail. …Wood’s lawyer, David Kallman, who plans to appeal the conviction, argued that distributing the pamphlets, which contained general information about jurors’ rights, was protected by the First Amendment. He emphasized that Wood never discussed Yoder’s case with passers-by at the courthouse. …After Wood’s arrest, Mecosta County Prosecutor Brian Thiede said the FIJA pamphlet is dangerous because “we would have a lawless nation if people were to vote their conscience.”

The last sentence is the key. Notwithstanding the fevered statement of Mr. Thiede, we would not have a “lawless nation.” Jurors have no problem convicting those who assault, harm, kill, steal, and rape.

Nullification is a check on bad laws and/or bad actions by government. And that’s a good thing.


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The moral of the story is not that jury nullification is a great thing. It’s only a second-best solution to the real problem of bad laws (exacerbated occasionally by bad prosecutors or bad cops).

 

But so long as bad laws (or incomprehensible laws) exist and government officials sometimes act dishonorably, we should support juries being the last line of defense for persecuted citizens. Remember, a tough-on-crime policy is only good if laws are just.