Fully Informed Jury Association

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Jury Nullification | 02 Jul 2013

-Dave Herbert Reports on His Jury Nullification Talk in Billings


Dave Herbert sends us the following report on his recent talk to the Pachyderm Club in Billings, MT. Do you have some juror outreach activity to report? Let us know by email to aji@fija.org. We may post it on our website, social networks, publish it in our newsletter, etc. Please feel free to attach pictures!

Several weeks ago I was invited to give a talk about jury power and nullification to the pachyderm club in Billings. This is a republican group that apparently has a number of Ron Paul supporters. My talk was quite enthusiastically received. I stayed after to answer a number of questions.

The only other attorney in the group was not so keen on jury nullification.He used the statement “We are a nation of laws not of men” to argue that jury nullification was not a good idea. I reminded him that Hitler could have said the same thing about Nazi Germany when he was in charge!

I find it ironic that he would use that seductive little platitude originally coined by John Adams. As fija people know John Adam’s also stated that a jury has not only the right but also the duty to judge the law if it means preventing an injustice from occurring. Of course the statement by Adams regarding not of men referred to men such as Hitler not men one would find on an American jury.

I have several more speaking engagements lined up this Summer before republican groups. They all know I a libertarian! I still am considering running for Supreme Court next year on the judicial recognition of juror rights to ensure liberty and justice for all. Because of FIJA many citizens know about their rights in this state!

I must congratulate FIJA on what happened today in San Diego.

Dr. W. David Herbert ESQ