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We, the People have power! Actually, we have more power than our own government cares to admit.
What Is Nullification?
Since the birth of our nation... well, even before that... the jury, consisting of 12 individuals, has
had the power to decide not only the facts of each case, but bad law too. Laws that are created to limit or refuse us of our individual liberties are open game. For instance, say some lawmakers decide to make it illegal to pick your nose in public. Gross, yes, but hey, you have that right! You go to trial and the jury, though still saying you picked your nose, can say that they won't
convict... or a stalemate occurs, throwing out the case. Either way, it's a power the jury (you) have
on every case regardless what the judge tells you (or doesn't tell you)!
It Only Takes One
There's another little known fact about the jury. The vast majority of Americans think we live in a democracy. This is utterly wrong. We live in a democratic republic. That means the majority does NOT rule! Why?
If the majority always ruled, we would actually live in a mob society.
Because we live in a democratic republic, it does not take a majority for a jury to make a decision. It must be unanimous. If only one person votes the opposite of the majority, then the jury is considered "hung". This is a good thing because it ensures that our court system as well as our legislatures stay away from corruption. This is our last check on our hired help! So, if you find yourself on a jury and you disagree with a law... say, an adult smoking a joint... then vote to
acquit. Be strong under pressure and stay your ground! You will be a hero!
In Georgia's state constitution, there's a little blurb about the power of the jury. It goes like this:
Paragraph XI. Right to trial by jury; number of jurors; selection and compensation of jurors. (a) The right to trial by jury shall remain inviolate, except that the court shall render judgment without the verdict of a jury in all civil cases where no
issue-able defense is filed and where a jury is not demanded in writing by either party. In criminal cases, the defendant shall have a public and speedy trial by an impartial jury; and the jury shall be the judges of the law and the facts. Emphasis mine
So, there you go. Check out your state's constitution to see if it's in writing... but even if it isn't, the federal courts also recognize this power as precedent.
POWER TO THE JURY... IT ONLY TAKES ONE!
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