M. Kristine Creagan Quote

“Jury nullification is a doctrine based on the concept that “jurors have the inherent right to set aside the instructions of the judge and to reach a verdict of acquittal based upon their own consciences, and the defendant has the right to be so instructed.” Though jury nullification may seem like a shocking proposal today, it is by no means a new idea. In fact, jury nullification was first espoused nearly three and one half centuries ago.”

~ M. Kristine Creagan

Jury Nullification: Assessing Recent Legislative Developments, 43 CASE W. RES. 1101(1993) quoting Alan W. Scheflin, Jury Nullification: The Right to Say No, 45 CAL. L. REV. 168 (1972).

Ratings and Comments


jim k, Austin, Tx

If a juror should explain to the other jurors the concept of Jury Nullification Could the judge declare it to be jury misconduct ? Well of course he could since the judge, in a court room, is slightly above God, and they know it.

E Archer, NYC

Three hundred years ago, juries better understood their function as a final check against bad laws. If juries cannot judge for themselves to acquit based upon their own layman's knowledge and conscience, then there is no need for juries, a panel of judges would suffice. It seems today that jurors are picked for their lack of knowledge and their submission to the 'authority' of the court. The last thing the court wants is for jurors to decide the matter according to conscience. The court will tell them what the law is -- previous knowledge of the law would immediately disqualify a juror. Essentially jurors are to be dumb and submissive.

@

Get a Quote-a-Day!

Liberty Quotes sent to your mail box daily.