The Volokh Conspiracy is discussing whether juries should be informed of the sentences that accompany a crime. Here is what I think:
I think introducing some common law standards back into our judicial system through jury nullification is a good thing.
Will the results always be good? Well no. But neither is our current system where only the facts are judged - not the law as well.
Remember Peter Zenger. Guilty as charged. Jury nullified. Free speech upheld.
The jury is supposed to protect us from bad people and bad law. Jury nullification helped repeal alcohol prohibition. One way to get bad law repealed is to make it unenforceable.
Not to mention runaway prosecutors. There seems to be a lot of them these days.
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Comments
I agree. By what authority do judges tell juries what they can and can't consider? The sixth amendment grants the jury ultimate authority; it specifies "trial by an impartial jury," not trial by jury under direction of a judge.
I agree. By what authority do judges tell juries what they can and can't consider? The sixth amendment grants the jury ultimate authority; it specifies "trial by an impartial jury," not trial by jury under direction of a judge.