Jurors are not required to follow the judge's instructions, (which are often borderline criminal themselves). A juror has a right under common law to dispense with the law itself and is not required to rule accordingly.
I agree and it's a "conservative principle" to not follow the judge's instructions or even follow the law itself -- as a "bulwark for freedom" in this country -- when it is necessary for a jury to do so.
I said the following in another post on the Palin e-mail hacking trial ...
Well, in this case, I would convict the guy too...
BUT, aside from this guy, I will say that the jury's job is also to prevent unjust laws from being carried out on citizens, and "Jury Nullifiction" is also within the rights of a jury to carry out.
I know that Judges and DA's and other authorities don't like this -- but this is a good conservative protection for this country and its people...
Fully Informed Jury Association
As I said, I'm not talking about this guy, but I'm talking about the duty of the jury in cases where there are unjust laws and "Jury Nullification" comes into play. That's a duty of the jury, too.
Great post at #66. Don’t forget, our founding fathers also gave us the Presidental Pardon for the same reason: to rectify political injustices.
Glad you posted that link. FIJA is an excellent source for those unaware of this issue... It’s something I would gather the vast majority of Americans are completely unaware of...