Free Talk Live

A funny thing happened on the way to a trial in Missoula County District Court last week.

Jurors – well, potential jurors – staged a revolt.

They took the law into their own hands, as it were, and made it clear they weren’t about to convict anybody for having a couple of buds of marijuana. Never mind that the defendant in question also faced a felony charge of criminal distribution of dangerous drugs.

This "story" perfectly illustrates spontaneous jury nullification in the wild and calls it "jury mutiny." Nullification is never mentioned.

With a majority of Americans now saying they don't think pot should be illegal, the prosecution demanded that the jury entertain no effort to practice nullification. Prior to opening arguments, the judge dismissed six potential jurors– including five of the first 13 interviewed– for revealing a disinclination or refusal to convict someone of pot possession.

(PRESS RELEASE – Download .doc) In Federal District Court on July 20, 2010, the ATF won a conviction from an Austin jury that defies logic and reason.

In an incredibly rare move this week, the foreperson of a Harris County Grand Jury asked a bailiff to remove prosecutors so jurors could hear from a witness on their own about potentially faulty DWI tests. "They obviously believe that the DA's Office played a role in this case and that they can't be independent," said KTRK Legal Analyst Joel Androphy.

A pretrial jury in Montana refuses to convict a man for 1/16 oz worth of marijuana.

Gov. Jerry Brown signed legislation Friday requiring trial judges to tell jurors that existing bans on conducting their own research about the case, or talking to outsiders about it, applies to electronic and wireless communication. Violations by jury members will be punishable by up to six months in jail for criminal contempt.

Jury nullification, a legal concept that dates back to 17th century England, remains perfectly lawful in the United States, according to a ruling by a federal judge last month.
U.S. District Court Judge Kimba Wood said 80-year-old Julian Heicklin, who was arrested by FBI agents for passing out pamphlets marked "Jury Info" from an organization known as the Fully Informed Jury Association to an undercover agent, was within his legal rights under law to do so. Prosecutors had argued that Heicklin was in violation of U.S. law, which prohibits influencing jurors through written communication.

Yuba County prosecutors said the case against Benjamin and Russell Bartholomew was not a free speech issue and that it is really about the brothers not following law enforcement instructions on April 28, 2011, when questioned by Yuba County Sheriff's Deputy Kenny Sowles.