this post was submitted on 19 Dec 2024
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My friend Jerry Nullification was saying the same thing.
The 6th Amendment guarantees the accused the right to a trial by a jury of their peers.
The flip side of that amendment is that the 6th Amendment creates an individual duty to decide the innocence or guilt of an individual. The juror's power to render such a decision, and the jury's power to return a verdict are constitutionally-derived powers.
Where there is a conflict between a constitutional power and a legislated law, the constitution always supersedes. The juror is constitutionally obligated to apply their own sense of rationality in determining whether to convict or acquit. Where strictly applying legislated law would be unjust and/or absurd, the jurors are the only people with a direct, constitutional power to prevent that injustice.
Jurors are often asked "Do you have any belief that might prevent you from making a decision solely on the basis of the law?". The constitution is law. A belief based on the constitution is a belief based on the law.
Best explanation of the power behind it I've ever seen. We need to add it to the poster I'm thinking of. Do you know anyone or an org in Manhattan we could get to post papers supporting Luigi for in self defense or in defense of others? I'd like to do a QR code to a site explaining jury nullification, why you can't talk about it, and now that it's your constitutional right and you can do it without lying to a judge.
Just one clarification: It is a "power" and not a "right". Jury service is a duty; an obligation to the accused that cannot be met by the government.