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. No, they said, one after the other. No way would they convict somebody for having a 16th of an ounce.

In fact, one juror wondered why the county was wasting time and money prosecuting the case at all, said a flummoxed Deputy Missoula County Attorney Andrew Paul.

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

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.

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.

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.

"Because jury nullification potentially interferes with the enforcement of the law as written, courts may feel threatened by it." New Hampshire’s model jury instruction 3.17 lays out the power of jury nullification. In its model instructions to jurors, it reads, “Even if you find that the State has proven each and every element of the offense charged beyond a reasonable doubt, you may still find the defendant not guilty if you have a conscientious feeling that a not guilty verdict would be a fair result in this case.”

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.

The appeals court also found that restricting distribution of literature to jurors summoned for jury duty was legally permissible, and that Schmidter’s conviction for contempt on those grounds should be upheld. Schmidter was re-sentenced today to serve 145 days in the Orange County Jail, and was immediately taken into custody.

I just found this on kickstarter and thought that many people here would be interested in helping this guy with his jury nullification outreach.