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"It is not only his right but his duty...to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court."
In the past this right and duty were commonly known to the citizens of America. Attorneys were allowed to inform them of this right, and the people were allowed to exercise it as they saw fit. The 1839 case of Stettinius v. U.S., held that "The defense can argue law to the jury before the court gives instructions." Nullification was viewed as the jury's "raw power to set an accused free for any reason or for no reason," even for reasons having nothing to do with actual guilt. Sepulveda, 15 F.3d at 1190.
Today, this is no longer the case. Now, defense lawyers are forbidden from informing the jury about nullification and cannot argue the law's merit. Courts will go to extreme lengths to prevent this; going so far as to dismiss any prospective juror who says they know about nullification or who will openly disagree with the law before they are empaneled, declaring mistrials or overturning verdicts if an attorney argues nullification or the validity of a law to the jury, preventing instructions to be given by the judge to the jury about nullification, or even holding an attorney in contempt of court and throwing them in jail should they dare mention it. Despite this, the only power the judge has over the jury is their ignorance!
So far no court has yet dared to deny that juries can "nullify" or "veto" a law, or can bring in a "general verdict". In fact, the opposite is true. As the Circuit Court for the District of Columbia noted in 1972:
"The existence of an unreviewable and unreversible power in the jury, to acquit in disregard of the instructions on the law given by the trial judge, has for many years co-existed with legal practice and precedent upholding instructions to the jury that they are required to follow the instructions of the court on all matters of law. There were different soundings in colonial days and the early days of our Republic. We are aware of the number and variety of expressions at that time from respected sources-John Adams; Alexander Hamilton; prominent judges-that jurors had a duty to find a verdict according to their own conscience, though in opposition to the direction of the court; that their power signified a right; that they were judges both of law and of fact in a criminal case, and not bound by the opinion of the court."
U.S. v. Dougherty, 473 F.2d 1113.
This does seem to create a paradox. On the one hand, the courts recognize the right of the jury to rule however they feel is correct, and their ability to judge both law and facts; yet, on the other they will do everything in their power to prevent the jury from knowing about that right.
The court attempts to reconcile this [il]logical situation by distinguishing between the proper role of the judge and that of the jury.
"The right of a jury, as a buffer between the accused and the state, to reach a verdict despite what may seem clear law must be kept distinct from the court's duty to uphold the law and to apply it impartially."
United States v. Krzyske, 836 F.2d 1013, 1021 (6th Cir. 1988).
This has been recognized by the Supreme Court, where Justice Holmes stated:
"[T]he jury has the power to bring in a verdict in the teeth of both law and facts. But the judge always has the right and duty to tell them what the law is upon this or that state of facts...."
Horning v. District of Columbia, 254 U.S. 135, 138, 41 S.Ct. 53, 54, 65 L.Ed. 185 (1920)
This artificial distinction between court officials and the jury means that the court, and everybody else in the courtroom, will not tell you anything about this right, but that doesn't mean that you don't still have it. It is simply up to you to exercise it, and if you choose to do so because you believe a particular case warrants it, that decision is unreviewable and irreversible.
Ultimately, jury nullification is an extremely important tool for the preservation of our Constitution, freedom and liberty. Therefore, use it! When you hear that a friend or family member has been called upon for jury duty, do your country a favor and pass this information along to them. Have them research jury nullification for themselves.
Today there are thousands of harmless citizens in prison only because their trial juries were not fully informed. The next person to join them may be you or someone one you love. If you believe that a particular law is unconstitutional, immoral, or unjust...you have the option and power to acquit despite the law or facts in question!
