Delete comment from: The War on Guns
The petit jury is simply a trial jury, usually 12 person tried and true. They are not just charged with hearing the facts of a case, but also have a duty to judge the law. In addition to judging the law, they have a duty to determine if the law is constitutional. If they decide it is not they may acquit even if the facts of the case go against the defendant. This is called jury nullfication.
No judge will ever apprise a jury of their total duty, ex: Fincher.
In fact, many judges give illegal instructions to a jury telling it, they do not have the power to determine if a law is just or constitutional. They most often instruct a jury to deliberate only on the facts of the case as presented. This is, in actuality, a denial of civil rights.
A defense attorney is in almost every case forbidden by the judge to raise issues of the constitutionality of the law under which his client is charged. The most frequent quote is "The law is not on trial here." That is a lie.
The law is always on trial when a case goes to the jury. However, it is likely that fewer than 2% of the people making up juries are aware of their duty and so follow the judges instructions. Which, by the way, they are not obligated to do. The jury owns the courtroom. It is theirs. They are not just charged with trying the facts of a case but are also charged with finding the truth.
If that truth proves to be that a defendant was charged under a law repugnant to the constitution they are obligated to acquit.
Here again, ignorance works in favor of the state.
When the USSC makes a pronouncement it affects all like cases. That is the reason for the misapprehension that they are the final word. When a petit jury finds a law unjust or unconstitutional they a) are not obligated to state their reasons for acquittal and b) their decision only affects that one case. However, unlike a decision from the USSC, their decision is above challenge.
The above is true, but I urge you search for "duties of the petit jury" and "jury nullification", or some variables thereof.
May 16, 2007, 4:12:00 PM
Posted to Parker and "the Final Word"