NOTE: Given the subject matter of this post, I feel compelled to make clear this post in no way reflects the views, opinions, or positions of Brendan.
A friend of mine posted a link to this note on the idea of jury nullification.
Which got me thinking. The idea of a inalienable right to trial by jury came out of the Crown’s capricious application of the law against treason. That is, the point of juries is to nullify capricious or unethical state action. A judge can do a better and more efficient job of finding fact within the confines of the law. The point of juries then, is that you don’t trust judges not to act in collusion with the state.
Thus the question becomes, absent the positive power, right, dare I say responsibility, of nullification on behalf of juries, what is the point of having them? The ethical conscience of a community might not always be what we would like, indeed there are egregious cases of it being completely bereft of such, but none the less, the point of a jury is to reflect the conscience of the community in the court room as a check on the power of the state. And given the above, isn’t it rather unethical, if not blatantly contrary to the point of the Constitution, not to tell juries they indeed possess this power?