Jury Nullification California

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Jury Nullification - The Evolution of a Doctrine

Jury Nullification

The Political History of Jury Nullification

Jury Nullification - Empowering the jury as the fourth branch of government

A Trial By Jury

"Who can make us? There is something called nullification-right?-where a jury disregards the law and does what it thinks is right?"

In the Hands of the People - The Trial Jury's Origins, Triumphs, Troubles and Future in American Democracy

"of courtroom power among the judge, the lawyers, and the jury will serve both justice and ... tangled under the label "jury nullification," they are distinct and have met different fates."

American Jury On Trial - Psychological Perspectives

"a white woman and sentenced to death by an all-white jury. Claiming that jury selection was discriminatory, he appealed the verdict."

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Jury Nullification and California

Subjects > Law > Jury > Jury Nullification

In the conclusion of the majority decision, the California Supreme Court declared: “We reaffirm, therefore, the basic rule that jurors are required to determine the facts and render a verdict in accordance with the court’s instructions on the law. A juror who is unable or unwilling to do so is ‘unable to perform his [or her] duty’ as a juror and may be discharged.”

• California strikes down Jury Nullification - http://www.libertysearch.com/articles/2001/000063.html
  • The California Supreme Court recently ruled that jury nullification was "contrary to our ideal of equal justice for all" and agreed that judges could remove jurors who resorted to nullification. The principal behind jury nullification is that jurors are allowed to vote their consciences -- they can vote to acquit a defendant if they think the law he or she is charged with is unjust.
  • High court throws out conscience . Matt Sebastian, Contra Costa Times, May 8, 2001.
  • http://www.americanfreepress.net/Police_State/California_Court_Undermines_Po/california_court_undermines_po.html
    • The court today uses a “juror’s oath” as an artificial device to void the individual rights of jurors. The court’s recent opinion focused almost entirely on the court’s self-proclaimed power to remove jurors who violate their oath to follow the instructions of the judge.
    • Jurors are told they must swear an oath that they will only consider whether the facts in a case meet the letter of the law when arriving at their verdict, and strictly adhere to the judge’s instructions when it comes to interpreting the law.
    • Those jurors who attempt to exercise their power to refuse to convict under unfair laws in spite of the lies they’ve been told by the judge, can then be intimidated with threats of legal sanctions—not for refusing to convict under unfair laws, but for violating the judge’s instructions not to exercise their powers as jurors.
    • The court may claim that a judge now has the power to require jurors to swear an oath of obedience to himself—and punish those he suspects of violating that oath.
    • The court assumes it will get away with such obvious revisionist interpretations because citizens have consistently tolerated such infringements. Citizens still possess the right and power to reverse the nation’s decline into tyranny. But the people must first decide that the freedoms are worth the effort to defend them.

• Jury Rights & Jury Nullification - http://www.erowid.org/freedom/courts/jury_nullification/jury_nullification.shtml

Other sites to consider:

• http://www.fija.org - Jurors must know that they have the option and the responsibility to render a verdict based on their conscience and on their sense of justice as well as on the merits of the law.

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