“It’s called jury nullification. Any juror can judge the law rather than the defendant if that’s what he/she decides to do.”
This is a really important point. Not sure if this situation is the same. Here they couldn’t seat a jury because no jurors were selected as they were up front and said no i wouldn’t convict.
Jury nullification as i understand it is that after jury is seated they refuse to convict on grounds that the law itself is not valid. Judges do not inform the jury that is a possible outcome.
I remember seeing flyers calling for “fully informed jury” amendment.
It may be a valuable tool in confronting a central government takeover. It is from English common law I believe and just somehow never got off the books. Most of the time judges are very intimidating to jurors in their jury instructions — about which many deals are made between counsel and court prior to jury instruction and retirement.
I remember a 40’s historical movie wherein the jurors refuse to convict and the judge locks them up WITHOUT TOBACCO and their retort: Are we not an English jury?