Palin and jury nullification

by Walter Olson on September 4, 2008

Expect some controversy over hints that the Alaska Governor may have expressed sympathy with the argued right of criminal juries to decide on matters of law as well as fact, perhaps in the process acquitting some violators of unjust laws. Despite its extensive pedigree in Anglo-American legal history, that position has become highly unpopular with most authorities in bench and bar, even as it remains popular with many Americans at the grass roots. (Eugene Volokh, Sept. 3). Some blog background on the subject: Randy Barnett, Dan Markel, Anne Reed, Eric Muller, Tim Lynch.

{ 3 comments }

1 Farside 09.04.08 at 10:20 am

Jury nullification is in the Constitution! You can find it quickly by going to the article that gives the Supreme Court the power of nullification. In that same article you will find jury nullification.
Kind Regards, Farside

2 Jerry S 09.08.08 at 3:44 pm

I’ve wanted to get called to jury duty, just for the chance to state that i would use jury nullifcation. my wife just got called up and I’m trying to get her to mention that if she actually gets called.

3 Big M 09.17.08 at 3:35 pm

Who gives a rat’s f-ing a** about the “authorities in bench and bar? The majority of them are the ones who belong in prison, not people who (gasp!) might do something like smoke a weed that grows in the ground (OMFG!!!).

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