Scott Horton at Harpers.org writes about Julian P. Heicklen, a 78-year-old retired chemistry professor from New Jersey, now faces federal criminal charges for informing people entering the federal courthouse about the doctrine of jury nullification. Scott Horton's post is a response to the New York Times column on Mr. Heicklen. [more inside]
Jury nullification, a situation in which jurors acquit in a criminal trial even if the facts favor conviction (often because the jurors disagree with the law), is of ancient provenance in the Anglo-American legal tradition. Courts are ambivalent towards it, regarding it both as quasi-illegal (they'll remove jurors if they catch them during the attempt) and as something that they cannot overturn once it happens. Nullification has furthered many causes, from anti-death-penalty to pro-southern-lynchings. Lawyers can't mention it in court on pain of contempt, but some hope to educate people in other ways.
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