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JURY.NUL
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JURY NULLIFICATION
"The jury has an unreviewable and irreversible power...to
acquit in disregard of the instructions on the law given by the
trial judge." U.S. v Dougherty, 473 F2d 1113, 1139 (1972).
Other info related to Dougherty case: 16 Am Jur 2d, Sec. 177.
"The jury possesses the undisputed power to acquit, even if
its verdict is contrary to the law as given by the judge and
contrary to the evidence." 1969 U.S. v Moylan, 417 F2d 1002)
"It may not be amiss...to remind you of the good old rule,
that on the question of fact, it is the province of the jury, and
on the question of law, it is the province of the court to
decide. But, it must be observed that by law...you have
nevertheless a right to take it upon yourselves to judge both, in
controversey...both objects are lawfully within your power of
decision." Justice John Jan to the jury, Georgia v. Brailsford,
3 Dall 1 (1794)
"...the jury has the power to bring in a verdict in the
teeth of both law and facts." Oliver Wendell Holmes, 1920
Horning v DC. 254 US 135
"...no fact tried by a jury shall be otherwise reexamined
in any court of the United States, than according to the rules
of the common law." U.S. Constitution, 7th Amendment. Only
another common law jury can review a decision of a jury.
There is no other appeal. Not even the Supreme Court can
review a jury's decision.
The judge should tell the jury of its right to judge the law
as to its meaning (the intent of the lawmakers), justness (is it
a good or a bad law), and application to the instant case. U.S.
v. Moylan, 417 F2d 1002 (1969)