In the final analysis, the last line of defense in support of freedom and the Constitution consists of the people themselves. If the people want to be free, if they want to lift themselves out from underneath a state apparatus that threatens their liberties, squanders their resources on needless wars, destroys the value of their dollar, and spews forth endless propaganda about how indispensable it is and how lost we would all be without it, there is no force that can stop them. The time has come to act on these words. May future generations look back on our work and say that these were men and women who, in a moment of great crisis, stood up to the politicians, the opinion-molders, and the establishment, and saved their country.
- Congressman Ron E. Paul, 2008.
Comments
Jury Nullification
One of the most important reasons we have laws is to ensure predictable outcomes to disputes. Thus actors can conform their conduct to the law of the land and know what will happen if they fail to do so. Jury nullification undercuts this principle. It leads to unpredictable results resultant from skilled attorneys overcoming less than strong-spined jurors and thus to lawlessness and strife committed by those with resources and skilled attorneys upon those without.
Jury nullification breeds unfairness and chaos. It frustrates justice and leads to excessive, unfair litigation. Advocacy of jury nullification is tantamount to redistributing justice from the weak to the strong, with lawyers taking the commission for the usurpation.
Fair and just outcomes can, and in the vast majority of cases, do result from jury trials where the jury follows the law as instructed by the wise judge. Advocacy of jury nullification assumes all judges are stupid and corrupt, and all juries are noble, brilliant, and immune to emotional (but unsound) appeals by skilled attorneys.
Actually, I take the opposite opinion. Surprised?
Thank you for your commentary. We certainly do not insist that you agree with us, and indeed you make some good points.
Most of the time our legislators do not read the laws, and as Thoreau so wisely pointed out, unjust laws exist. Some of them are way past unjust, are cruel, tyrannical, perversions of the intent of the constitution and the will of the people. Regardless of what attorneys and prosecutors might say, the jury is the last safety net for the people.
Actually the system as it stands breeds unfairness, social chaos, and fuels the legal-judicial-prison complex.
Our society was never intended to follow the dictates of judges but is rather to be founded on and run by We the People. Jury Nullification takes power from the strong (the State) and gives it rightfully back to the weak (the People).
Mr. Guest, you are welcome to apply for a "Name" so that your comments are kept separate from other guests.