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In a perfect U.S. -- one where jurors weren't routinely disqualified from serving on a jury simply because they are aware of the concept of jury nullification -

In a perfect U.S. -- one where jurors weren't routinely disqualified from serving on a jury simply because they are aware of the concept of jury nullification -- I might agree with you. But our system is badly broken here in the U.S. Appeals to the law as it currently exists and saying essentially, "You broke the law; now pay the price." are ignorant and stupid since our whole concept of justice is predicated on the idea that any sufficiently unacceptable law should be able to be nullified by jury. This is still true in theory, but in practice, one of the major checks in the grand balancing scheme of our system of justice is non-existant. Fix that. Then worry about who broke what laws.

Zancarius 11y ago
> one where jurors weren't routinely disqualified from serving on a jury simply because they are aware of the concept of jury nullification Off-topic but tangentially related. I served on jury duty for the local court system and had an opportunity to speak with one of the prosecuting attorneys after my term was over. I couldn't help myself from asking him how he felt, as a prosecutor, about jury nullification, and would have been surprised by his response had I not already been aware of his political leanings. It was his personal opinion that jury nullification was under-utilized and that it shouldn't serve as a reason to disqualify jurors. Indeed, he wished jurors were generally more well-informed and at least aware of the possibility and utility of its use, especially given its history in colonial courts. (It's a shame that some localities may have laws that could be used to punish such jurors.) That much gives me hope, but considering how few attorneys and judges likely share his sentiments, I'm not sure if that hope is misplaced (maybe it is). Plus, it's anecdotal with a sample size of one. ;) I admit I don't really have a point other than to share my experience, and I'm neither agreeing nor disagreeing with your assertions, but I found it interesting that there are at least some people in the bowels of the judicial system who have similar concerns. I'm just not sure they're numerous enough (or ever will be numerous enough) to effect change.

Zancarius 11y ago

> one where jurors weren't routinely disqualified from serving on a jury simply because they are aware of the concept of jury nullification Off-topic but tangentially related. I served on jury duty for the local court system and had an opportunity to speak with one of the prosecuting attorneys after my term was over. I couldn't help myself from asking him how he felt, as a prosecutor, about jury nullification, and would have been surprised by his response had I not already been aware of his political leanings. It was his personal opinion that jury nullification was under-utilized and that it shouldn't serve as a reason to disqualify jurors. Indeed, he wished jurors were generally more well-informed and at least aware of the possibility and utility of its use, especially given its history in colonial courts. (It's a shame that some localities may have laws that could be used to punish such jurors.) That much gives me hope, but considering how few attorneys and judges likely share his sentiments, I'm not sure if that hope is misplaced (maybe it is). Plus, it's anecdotal with a sample size of one. ;) I admit I don't really have a point other than to share my experience, and I'm neither agreeing nor disagreeing with your assertions, but I found it interesting that there are at least some people in the bowels of the judicial system who have similar concerns. I'm just not sure they're numerous enough (or ever will be numerous enough) to effect change.