"A juror who is forced by the judge’s instructions to convict a defendant whose conduct he applauds or at the least feels is justifiable, will lose respect for the legal system. . . . A juror compelled to decide against his own judgment will rebel at the system that made him a traitor to himself."
Alan W. Scheflin
Professor of Law at Santa Clara University School of Law in California
Jury Nullification: The Right to Say No, 45 S. CAL. L. REV. 168, 183 (1972).
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Reader comments about this quote:
Said well, taking into account the being, human, very accurate.
 -- Mike, Norwalk     
  • 1
    It's called Jury Nullification and is an age old custom. No judge will ever mention it and most lawyers haven't even heard of it. Simply put, it means that if in your opinion it's a bad law you nullify it by voting not guilty, regardless of any evidence. Judges will charge the jury saying that they can only judge the case by the evidence and nothing else, this is not true. In any criminal trial, the defendent and the law are are both on trial but don't expect to hear this from any judge.
     -- jim k, Austin, Tx     
  • 3
    Look up Jury Nullificatio on the www for more information.
     -- jim k, Austin, Tx     
    The entire premise of trial-by-jury is that the defendant is innocent until convicted by a jury of one's peers. In order to be convicted the jury must agree 100% -- if there be but one juror who does not want to convict, then the verdict is and must be 'not guilty.' That's it -- that is the way the justice system is supposed to work. It is the last line of defense against tyranny. Alcohol prohibition, which was introduced by an amendment to the Constitution, was eventually repealed because jurors would not convict offenders -- and there was nothing the court or government could do. That is why most people who are arrested for marijuana possession are given plea bargains whereby they just lose their property and get reduced sentences instead of going to trial. Americans need to wake up -- in fact all English speaking countries need to wake up -- all of the current and former British commonwealths have had the right of trial-by-jury since the Magna Carta.
     -- E Archer, NYC     
  • 2
     -- Mary - MI      
    Divining of the law, through the Natural law/process of a convicting conscience. Disruption of the rural environment, strips man of his ( liberty) property, Disruption of the Wholesome family unit, strips a person of a "good" conscience. Knowing children are led by example through experience, they become sheep for the slaughter, as the Net is laid before their feet, ripe for economic plunder. Now, one finds, as conscience, our Constitution becomes a net of entanglement disrupting/corrupting tyranny within our government, When brought to Light.
    Much can be said about A certain Corrupting Active Agent, translated clearly, understanding Circumspectly, Akribos, Akribestatos, Most exact and more perfect.
     -- Ronw13, OR     
     -- Mieisha, Long Beach      
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