Fully Informed Jury Association

Are you fully informed about jury nullification?

Function of Juries & Jury Nullification | 01 Apr 2013

-Reminder: Juries Can Nullify Marijuana Charges If They Find Them Unjust

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Cannabis_sativa_(Köhler)While we appreciate the spirit in which the following was written, we caution jurors NOT to lobby their fellow jurors obviously toward nullification during deliberations! It has been established in court precedent that judges may remove jurors, even during deliberations, if the judge becomes aware that they are considering jury nullification in coming to a verdict. If a single fully informed juror is removed from the jury because he or she made his or her intentions known by attempting to lobby other jurors, the defendant may be left without anyone in his or her corner during deliberations. It is much better for the defendant if that fully informed juror simply hangs the jury. A hung jury is always better than a conviction, and the prosecutor will have to think twice about whether or not it is even worth it to retry the case.

Reminder: Juries Can Nullify Marijuana Charges If They Find Them Unjust

Jury nullification is a practice that dates back to before our nation was formed, and is the act of a jury acquitting someone of a charge, even if the evidence is clear, by finding them “not guilty”. By doing so, people can make sure that an individual doesn’t fall victim to unjust, archaic laws. As a juror, taking this path is simple: Vote “not guilty” to someone who is being charged with a bad law. A bad law being something like, say, cannabis prohibition. Or most non-violent convictions made under the drug war.

No matter how small the charge, such as possession of a roach – or how large, such as an 1,000 plant grow operation, a jury is completely within their legal right to find that person “not guilty”, regardless of what either attorney or the judge has to say. It’s not easy, but it’s possible.

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