Jury nullification is now before the U.S. Supreme Court. The argument that
jurors should be able to reject vice laws and acquit is in a new Petition
for Writ of Certiorari. The Petition also argues various reasons why vice
laws are unconstitutional. The nullification arguments and the entire brief
can be viewed at http://rexcurry.net .
As an attorney and a libertarian I am urging the nation’s
highest court to recognize jury nullification, also known as jury pardon
and jury veto.
During my legal career, I have often been asked if jurors
can overturn bad laws. The askers fear compulsory jury duty to convict defendants
accused of vices (gambling, prostitution, drugs) or other non-violent charges
(tax non-payment, gun possession).
The fear has risen because many non-violent consensual
acts now carry mandatory sentences of 10 years and even life in prison. Jurors
are not told that their verdict will result in a non-violent defendant with
no prior record going to prison for a decade or more. The jurors won’t know
what they have done and if they find out, then they might be queasy.
Most courts hold that jurors do not have the right to
acquit in defiance of the law, though courts recognize that jurors have the
power to do so, and that nothing can be done about jury nullification when
it happens.
In history, jury veto has been used
for acquittals against old prohibition laws. Now it is used against modern
prohibition, vice laws and other peaceful behavior.
For more information on jury nullification, jury veto, and jury pardon see: http://rexcurry.net/fija.html
for more ideas on liberty and libertarianism see
http://members.ij.net/rex http://rexcurry.net