Jury Nullification![]() | Jury Nullification - The Evolution of a Doctrine |
![]() | Jury Nullification |
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Definition of jury nullification - the right of the jury to judge the validity and morality of the law as well as the facts under which a defendant is being tried.
Constitutions of Maryland, Indiana, Oregon and Georgia currently have provisions guaranteeing the right of jurors to “judge” or “determine” the law in “all criminal cases”.
Jurors should acquit, even against the judge's instruction... if exercising their judgement with discretion and honesty they have a clear conviction the charge of the court is wrong. -- Alexander Hamilton, 1804
It is not only the juror's right, but his duty to find the verdict according to his own best understanding, judgement and conscience, though in direct opposition to the instruction of the court. --John Adams, 1771
I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution. -- Thomas Jefferson, 1789
It will be of little avail to the people that the laws are made by men of their choice, if the laws are so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they... undergo such incessant changes that no man who knows what the law is today can guess what it will be tomorrow -- James Madison
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