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Function of Juries & Jury Nullification | 13 Aug 2012

New Hampshire Formally Recognizes Jury Nullification

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William N. Grigg discusses how jury trials are becoming increasingly rare as the American legal system has become Sovietized. He reports that one reason prosecutors are so eager to bully defendants into taking a plea bargain is that juries have the power to nullify bad laws and abusive prosecutions by refusing to convict.

New Hampshire Formally Recognizes Jury Nullification

In contemporary America, however, trial by jury has been all but abolished in practice. Reviewing recent Supreme Court rulings, legal commentator Adam Liptak of the New York Times observes that in its just-completed term, the High Court “has turned its attention away from criminal trials, which are vanishingly rare, and toward the real world of criminal justice, in which plea bargains are the norm and harsh sentences commonplace.” (Emphasis added.)

The fact that the right to a trial by a jury of one’s peers, which is supposedly sacrosanct, has become all but extinct illustrates the extent to which the U.S. “justice” system has become Sovietized.

After the Bolsheviks seized power in 1917, the jury system — which had been established under Czar Alexander II in 1864 — was abolished and replaced with “People’s Courts” composed of a judge and a panel of two to six Party-appointed “assessors” who heard all of the evidence and decided all questions of both fact and law. The assessors “became known as `nodders’ for simply nodding in agreement with the judge,” wrote federal Judge John C. Coughenour in an article published by the Seattle University Law Review. “People’s assessors virtually always agreed with judges; acquittals were virtually nonexistent…. [U]nlike our adversarial system, the Soviet inquisitorial criminal justice system neither prioritized nor emphasized the rights of individual defendants, but instead paid homage to the interests of the state.”

One very telling measure of the Regime’s fear of citizen juries – especially those informed of their right to nullify unjust laws – is found in the efforts expended by prosecutors to prevent cases from going to trial.

Click through for the entire article.

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