Thursday, December 1, 2011

Jury Nullification

The American colonists were trying to escape the constant "religious" wars (actually turf wars) when they escaped to the anarchy of the Americas.  Knowing spontaneous order comes out of chaos when people arrive, and there is no king (an+archy) the colonists set up shop.  A few critical points: freedom of religion, selective legal recourse, attorneys general, no double jeopardy, bounty hunting, conscientious objection, homesteading, riparian law and property rights, self-representation, no standing military, trial by jury and jury nullification.

In USA, the jury can listen to the government's case, and even though the jury believes the defendant is guilty of the crime on the books, the jury can decide they do not like the law and to declare the defendant not guilty, and let the defendant go free.  AS important as the legislature and the judiciary, a jury is the final word on the law in a given case.  The juries job is to represent the community and decide in this one instance of applying the law, is the to be applied?  Jury nullification does not change the law, for other juries in other cases may apply it, it is just this case.  It is another example of how the people are supreme in USA, and government workers, no matter their political rank, are to obey the citizens.

A free society has at least that.


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