March 05, 2011
Man prosecuted for publicizing jury nullification
I have written before (here and here) about how few people know about 'jury nullification', which is the right of juries to acquit some one even if there is no doubt that the law had been broken, if they think that the law used to convict is itself unjust. It is thanks to jury nullification that we now have constitutional protections of freedom of the press and association and assembly.
Although the right of juries to nullify is well established, judges and prosecutors tend to not like it to be well known, the former because it means that juries have the right to ignore their instructions and the latter because they want juries to convict.
Now there is a case where a retired Penn Sate chemistry professor standing outside a courthouse handing out leaflets informing potential juries of their right to nullify has been arrested and charged with jury tampering.