Lily Dane

Courts around the country are having more trouble prosecuting marijuana cases because of increasing awareness of a constitutional doctrine called jury nullification.
Under the Bill of Rights, jurors have the power to find a defendant not guilty if they find the law in question is flawed – even if the person being accused actually did smoke pot (or commit another victimless crime).
In his NY Times piece titled Jurors Need to Know That They Can Say No, Paul Butler explained the history and purpose of nullification:
- See more at: http://www.thedailysheeple.com/good-news-jury-nullification-is-interfering-with-marijuana-convictions_072014#sthash.tUWmfwQ4.dpufThe doctrine is premised on the idea that ordinary citizens, not government officials, should have the final say as to whether a person should be punished. As Adams put it, it is each juror’s “duty” to vote based on his or her “own best understanding, judgment and conscience, though in direct opposition to the direction of the court.”
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