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Supreme Court Jury nullification, also known as jury independence, serves as a crucial check against government oppression and abuse of power. Nullification Ahd when the jury believes either the law itself is unjust, the law is unjust as applied to the facts of the link, or the punishment is too severe for the crime.
A look at the historical backgrounds of both the 6th Amendment guaranteeing right to jury trial in criminal cases and the 7th Amendment right to jury trial in civil cases show the Founding Fathers implicitly recognized the right of jury nullification when they adopted the bill of rights. Jury nullification Jury Nullification And The Jury serve as notice to the bureaucracy not to enforce a particular law; it can be a message to the legislature that it is time to change the law. Historical examples of jury nullification are fugitive slave laws, prohibition and, more recently, marijuana cases. Unfortunately, because of the U. Supreme Court ruling in the case Sparf v. As a result, few judges have informed jurors of the right to nullify or have allowed defense counsel to do so; the right is something jurors have to either find out about or figure out on their own.
Only a handful of states mention jury Nullifocation in their statutes or constitution. With the click decline of the rule of law, it is crucial that states pass laws requiring judges to inform jurors about the right of jury nullification. Serving on a jury is one of the most important duties of citizenship we have, especially at a time when another critical check on government power, the right to vote, is being diluted.
Juries informed about their jury nullification rights can protect against the enforcement of legally questionable lockdown orders and other COVID-related mandates. Veteran Wisconsin litigator Elizabeth Rich, an attorney with over 30 years experience in the courts, Nullifiication the audiocast to discuss the reasons for jury nullification and its background.
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Then we explore how jury nullification worked in the criminal case, Wisconsin v. Elizabeth Rich has a law practise in Plymouth, Wisconsin. She also is the president of the Food Freedom Foundation a c 3 nonprofit that supports the work of the Farm to Consumer Legal Defense Fund and other like minded organisations. Book: Clay S. Washington, D. Fully Informed Jury Association fija.]
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