Jury Nullification Editorial

From the Washington Times:

Jury nullification is rarely discussed by lawyers at the bar, either the courtroom bar or the bar on the corner, but jury nullification has been with us since the time of the Founding Fathers. Alexander Hamilton wrote in the Federalist Papers that trial by jury is the “very palladium of free government,” serving as a check against “arbitrary methods of prosecuting pretended offenses” that are the “engines of judicial despotism.” There’s no better example than juries nullifying the effects of the Fugitive Slave Act of 1850, which required that slaves captured in free states be captured and returned in chains to their owners. Juries often preserved the freedom of these slaves by refusing to convict runaway slaves….

Jury-nullification activists in New Jersey and Florida have paid for their advocacy of jury rights. Several have been arrested and charged with “jury tampering” for distributing handbills at the courthouse that essentially publish the text of the New Hampshire law. This demonstrates clearly the responsibility of juries to serve as a check against judges and prosecutors who may think they’re the last word in all matters of the law. Respect for the law and the courts is necessary for the good of all in a free society, and sometimes, as the number of frivolous and oppressive laws multiply, a little nullification can be a tonic, and a reminder to the lawyers, including judges, of who’s really the boss.

Cato is set to republish our book, Jury Nullification: The Evolution of a Doctrine soon.