If you have a reasonable doubt as to their guilt, your not-guilty vote is not “nullification”. It’s simply “acquittal”. Nullification does not come into play when there is a doubt as to the defendant’s guilt.
To “nullify”, you the juror must first be convinced beyond a doubt that the prosecutor’s allegations are true. You must be convinced that the prosecutor did fulfill their burden of proof. You must be convinced that the defendant did, in fact, break the law that they are charged with breaking. You must be convinced that the defendant is guilty. Until you are completely convinced of their guilt, your “not-guilty” vote is just a finding of fact. A routine acquittal.
Only once their guilt of breaking the law is absolutely proven can you consider whether the law itself is just and proper. A law that was duly enacted by the duly elected legislators of the state or nation, in accordance with the constitutions of the state and the United States, and signed into law by the duly elected president or governor.
In declaring a law invalid, you are contradicting the will of the duly elected representatives of We The People. You are declaring that you know better than those legislators and executives what the law should be, and that nobody should ever be prosecuted under this law. That is your right and is well within your power as an individual and as a juror, but it is also a tremendously bold step. You are quite literally calling for a revolt against the legislators and executives who enacted this law.
Remember: juries commonly nullified anti-lynching laws. Legislators and executives agreed that white people should not have the power to arbitrarily execute black people with impunity. Many juries disagreed with that sentiment, and exonerated defendants they knew to have violated these laws. These juries decided that any law insinuating “black people are people” is unjust and invalid; that legislators and executives should not dare to challenge the fundamental supremacy of the white man.
When I say it is not a step to be taken lightly, I want you to remember that the most famous examples of nullification have been absolutely abhorrent miscarriages of justice, and the nullifying jurors in these cases are reviled by history.
If you have a reasonable doubt as to their guilt, your not-guilty vote is not “nullification”. It’s simply “acquittal”. Nullification does not come into play when there is a doubt as to the defendant’s guilt.
To “nullify”, you the juror must first be convinced beyond a doubt that the prosecutor’s allegations are true. You must be convinced that the prosecutor did fulfill their burden of proof. You must be convinced that the defendant did, in fact, break the law that they are charged with breaking. You must be convinced that the defendant is guilty. Until you are completely convinced of their guilt, your “not-guilty” vote is just a finding of fact. A routine acquittal.
Only once their guilt of breaking the law is absolutely proven can you consider whether the law itself is just and proper. A law that was duly enacted by the duly elected legislators of the state or nation, in accordance with the constitutions of the state and the United States, and signed into law by the duly elected president or governor.
In declaring a law invalid, you are contradicting the will of the duly elected representatives of We The People. You are declaring that you know better than those legislators and executives what the law should be, and that nobody should ever be prosecuted under this law. That is your right and is well within your power as an individual and as a juror, but it is also a tremendously bold step. You are quite literally calling for a revolt against the legislators and executives who enacted this law.
Remember: juries commonly nullified anti-lynching laws. Legislators and executives agreed that white people should not have the power to arbitrarily execute black people with impunity. Many juries disagreed with that sentiment, and exonerated defendants they knew to have violated these laws. These juries decided that any law insinuating “black people are people” is unjust and invalid; that legislators and executives should not dare to challenge the fundamental supremacy of the white man.
When I say it is not a step to be taken lightly, I want you to remember that the most famous examples of nullification have been absolutely abhorrent miscarriages of justice, and the nullifying jurors in these cases are reviled by history.
I said guilty and deserving. Also read the last sentence.
To convict someone of breaking a law you don’t agree with would be “just following orders”