Because justice is a result, not just a process. A bill under consideration in the Massachusetts House would reaffirm
the right of jury nullification by explicitly allowing defendants to
tell jurors about their ability to nullify unjust or immoral laws. Introduced by Reps. Elizabeth Poirier (R-North Attleboro) and Paul Heroux (D-Attleboro), House ... MORE
by Elizabeth Nolan Brown. "Sex Trafficking of Americans: The Girls Next Door." "Sex-trafficking sweep nets arrests near Phoenix truck stops." "Man becomes 1st jailed under new human trafficking law." Conduct a Google news search for the word trafficking in 2015 and you'll find pages of stories about the commercial sex trade, in which hundreds of ... MORE
by James Weeks II. In recent years, many people have fallen victim to government tyranny, everything from drug offenses to tax resisters. Historically, going back to the Magna Carta, it has been the job of the jury to stand in the way of government tyranny and judge the law as well as the case. Jury nullification was used to deny convictions ... MORE
by Kelley Beaucar Vlahos. More evidence the government is not us. Drug Enforcement Administration agents have been accessing personal medical files without a warrant, generating a backlash from doctors and privacy advocates who say the practice is intrusive and unconstitutional -- and have taken the agency to court. “It’s just not right,” ... MORE
by Ilya Somin, Washington Post. JUSTICE IS A RESULT, not just a process. In a recent post, co-blogger Orin Kerr offers a thoughtful critique of my and Glenn Reynolds’
recent defenses of jury nullification. Orin’s points have some
validity. But, on balance, I still think that jury nullification is
likely to be more beneficial than harmful relative ... MORE
LIFE, liberty and the pursuit of happiness. There's a belief on the American left that says it's impossible to be
both a principled libertarian and a principled pro-lifer—that the two
positions are somehow intellectually incompatible. It's been popping up
more often lately as liberal writers look for ways to criticize Sen.
Rand Paul, as in ... MORE
by Scott Shackford. I spent a day last week immersed in Los Angeles County's immense judicial system downtown after being summoned to jury duty. My experience was not quite as vividly terrible as Matt Welch's in New York,
partly because Los Angeles lets you complete your questionnaire and
orientation videos online well in advance, and thus I was ... MORE
The jury's equivalent power to prosecutorial discretion. Jury nullification occurs when jurors choose not to convict a defendant they believe to be guilty of the offense charged, usually because they conclude that the law in question is unjust or the punishment is excessive. When I first thought about jury nullification as a young law student, ... MORE
A power for the people. Jury nullification does not exist and no jury or defendant has the right for an instruction regarding jury nullification. I am sure that some of you have just punched your monitors, or are
incensed at my hubris for speaking the truth. In libertarian circles,
some topics get so occluded with angst that we forget it is impossible ... MORE
Overzealous drug warriors thought they were contraband. A man spent nearly three months in jail on felony drug possession
charges after police searched him during a traffic stop and found
vitamin supplements. Joseph Burrell, 31, was pulled over by police in November 2014 when
he was observed allegedly driving without his ... MORE