Sunday, January 11, 2009

Jury nullification initiative

A ballot initiative stating that, before deliberation, judges must inform the jury that they may vote their conscience, even if it contradicts the letter of the law, that is, the right of jury nullification. I believe not enough citizens are aware of this right.

The win-win situation here is, even if the initiative fails, its debate by the people before the election (assuming a media campaign to encourage passage) will inform the populace of this right even if judges are not required to inform them.

Opponents of jury nullification like to point out the example of white juries refusing to convict lynchers. I believe this is an extremely unusual anomaly from an exceptionally tense time in American history. Instead, these days I routinely see so many bad laws passed purely due to well-funded special interest groups. Jury nullification puts ordinary citizens back into the loop of the how the laws of this country are made and enforced.

California, with its liberal initiative process and large contingent of free-thinkers is a prime target for this initiative. It is important that there be money behind the initiative in order to assure the win-win scenario described above.

Soap box, ballot box, jury box, (cartridge box? ).

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