[bvw]

Montana State Representative Bob Wagner has proposed a bill in current session in that State Legislature that would clarify the right to a Fully Informed Jury. The FIJA discusses the law here. They quote a recent Montana Supreme Court ruling as follows:

“It has nevertheless always been recognized in practice in this jurisdiction, that the jury has power to disregard the law as declared and acquit the defendant, however convincing the evidence may be, and that the court or judge has no power to punish them for such conduct.”

In the trial of William Penn in London, the Judge demanded that the Jury return a guilty verdict and held them in the Tower of London without food for days. They steadfastly refused his order, and Penn was exonerated. He later founded Pennsylvania.

Jury nullification is a natural right, and long established in common law.

Representative Bob Waqner's proposed law is here. It looks like they are trying to kill it in committee. I might suggest that folks should write the committee members to express support for it.

[bvw]

typo in post above: “Representative Bob Wagner”, with a “g” ;-)

[zeugma]

In the trial of William Penn in London, the Judge demanded that the Jury return a guilty verdict and held them in the Tower of London without food for days. They steadfastly refused his order, and Penn was exonerated. He later founded Pennsylvania.

I don't believe Mr. Penn was on trial. He was one of the jurors that refused to convict.