Anti Federalist
02-11-2011, 03:23 PM
Misleading headline is misleading.
You, as a juror are already "allowed" (have the right) to nullify and acquit, for any reason, including the reason that the law in question is, prima facie, unjust.
What this bill will do is require judges to inform juries of that fact.
Legislature hears testimony on bill allowing jurors to judge laws
http://missoulian.com/news/local/article_6d7f2524-348b-11e0-8caa-001cc4c002e0.html
Testimony on a bill specifying that juries can put the law itself on trial painted its effects in stark terms Wednesday, calling it either one more check on an imperfect legal system that can and has destroyed lives - or something with the potential to destroy the rule of law itself.
"Trial by jury has been under attack for decades. Judges have attempted to suppress the power of the jury," Don Doig, one of the founders of the Helena-based national Fully Informed Jury Association, told members of the state House Judiciary Committee.
But John Sullivan, representing the Montana Defense Trial Lawyers Association, said such a law "would wreak havoc with the litigation system and the respect we are supposed to have for the rule of law."
For more than an hour Wednesday morning, the committee heard testimony on the measure sponsored by Rep. Bob Wagner, R-Harrison. House Bill 332 would, among other things, require judges to inform jurors that they "may vote their conscience to acquit an accused in spite of technical guilt."
You, as a juror are already "allowed" (have the right) to nullify and acquit, for any reason, including the reason that the law in question is, prima facie, unjust.
What this bill will do is require judges to inform juries of that fact.
Legislature hears testimony on bill allowing jurors to judge laws
http://missoulian.com/news/local/article_6d7f2524-348b-11e0-8caa-001cc4c002e0.html
Testimony on a bill specifying that juries can put the law itself on trial painted its effects in stark terms Wednesday, calling it either one more check on an imperfect legal system that can and has destroyed lives - or something with the potential to destroy the rule of law itself.
"Trial by jury has been under attack for decades. Judges have attempted to suppress the power of the jury," Don Doig, one of the founders of the Helena-based national Fully Informed Jury Association, told members of the state House Judiciary Committee.
But John Sullivan, representing the Montana Defense Trial Lawyers Association, said such a law "would wreak havoc with the litigation system and the respect we are supposed to have for the rule of law."
For more than an hour Wednesday morning, the committee heard testimony on the measure sponsored by Rep. Bob Wagner, R-Harrison. House Bill 332 would, among other things, require judges to inform jurors that they "may vote their conscience to acquit an accused in spite of technical guilt."