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Posted on 01.29.08 by Thomas L. Knapp
“Jurors’ rights are the most forgotten rights of all. Indeed, from before the Revolution up through the Civil War, jurors had the power to judge not only the facts of a case but also the law pertaining to that particular case. If a juror thought the law under which the defendant was being tried was unconstitutional, unjust, immoral or just plain stupid, that juror could vote to acquit and the defendant would walk. The best example of jury nullification at work can be found with regard to the Fugitive Slave Laws of the 1850s. If juror Smith opposed these laws, he could, on this basis alone, vote to acquit defendant Jones. As a result, the Fugitive Slave Laws became unenforceable. Consider some of the onerous laws on the books today and how we could combat them if jurors only knew their rights.” (01/28/08) Link: http://www.thepriceofliberty.org/08/01/28/newman.htm Filed under: RRND Commentary | Report Bad Link Bookmark this post in Furl or Del.icio.us | |









