Our Keene-area activists spent 45 minutes Monday morning to reach out to potential jurors with FIJA information. Judges no longer inform juries about all their rights; specifically the right to vote “not-guilty” in a case where the jurors don’t agree with the law the defendant is charged with. Myself and other FreeKeene.com bloggers would love to see jurors begin to nullify convictions in victim-less crime cases. The first step toward that is to let jurors know of their rights to do so.
Jury nullification is an interesting form of outreach and activism. For those that ask us to work “within the system”: Jury nullification is a part of the system, for good reason. It is the final check and balance the public has on it’s legislative and judicial branches. For those activists who prefer “market activism” or workout outside the system, jury nullification is so far on the fringe of the status quo, they are happy to participate.
Of course, it’s been shown time and again that “the system” doesn’t really want the secret of jury nullification to get out. Potential jurors who bring it up will likely find themselves on their way home within the hour. Officers of the court will try to think up reasons information can’t be handed out, and judges have threatened additional charges for defendants who bring up jury nullification in the court.
How can a defendant informing a jury about the system as part of his defense be charged with anything? If it’s part of the system, the system judges and lawyers are meant to uphold, should it not be a defendant’s 100% right to take advantage of it? It’s more and more clear every day that courts don’t play by any rules besides the ones they make up on the spot.
