"Nullification is not a 'defense' recognized by law, but rather a mechanism that permits a jury, as community conscience, to disregard the strict requirements of law where it finds that those requirements cannot justly be applied in a particular case."
by:
David L. Bazelon
(1909-1993) Chief Judge, United States Court of Appeals for the District of Columbia Circuit
Source:
U.S. v. Dougherty, 473 F. 2d 1113, 42 (dissent) (1972).
Rating:
Categories:
 
Bookmark and Share  
Reader comments about this quote:
The use of the term law here makes law, carnal government, and god a complete and absolute simile. Nullification is not a 'defense' recognized by the occupying statist theocracy infesting this land. Nullification is a mechanism whereby individuals, while in a jury setting, may vote to disregard the strict requirements of a god's unjust tyranny - executed on a case by case basis. The one star is in recognition of the statement's accuracy in an unconstitutional collectivist god state.

It is accurate on its face, 'nullification' is not law but rather, it is a procedure. The word smithing here picturesquely diverts the reader's understanding from what 'law' "IS" to a despotic falsehood, that being, the god state and law are synonymous. Also, the whole of the statement is couched in an atmosphere of an omnipresent, omnipotent collectivist god state. The de jure States united (United States of America) was to be a representative republic of individual free sovereigns, at natural law, complete with inalienable rights intact. Nullification is a natural check and balance against injustice.
 -- Mike, Norwalk     
  •  
    Well stated Mike.
     -- Mike, Pleasant Hill     
  •  
    In other words, a jury can find a person not guilty if the law broken is a bad law, or, if they perceive it to be so. My late brother in law was a top criminal lawyer in Ohio and when asked about jury nullification, he had never heard of it. They must not be teaching it in law school.
     -- jim k, Austin, Tx     
  •  
    It's called 'nullification of law by jury' and shortened to 'jury nullification.' It may not be a defense, and there does not appear to be a way for a defendant to tell the jury that it is their right and duty to judge both law and facts -- the judge won't do it, the defense attorney is prohibited from doing it, and the judge can declare a mistrial if the defendant does it.. Alcohol prohibition was essentially defeated in the early 20th century when jurors would not convict those accused of violating the statutes. The drug war could suffer a similar defeat if only enough juries were fully informed of their duty.
     -- E Archer, NYC     
  •  
     
    Rate this quote!
    How many stars?
    0
    1
    2
    3
    4
    5

     
    What do YOU think?
    Your name:
    Your town:
        CLICK JUST ONCE!

    More Quotations
    Get a Quote-A-Day! Free!
    Liberty Quotes sent to your mail box.
    RSS Subscribe
    Quotes & Quotations - Send This Quote to a Friend

    © 1998-2017 Liberty-Tree.ca