What is Jury Nullification? - Lehto's Law Ep. 5.57

Jury nullification is a concept that many people ask me about. I give a basic overview of what it is, and what the courts think of it.

[bluewater]

_"A jury has the power to do this, but not the right to do this"._ What a perfect example of judicial arrogance. Judges do things that they have neither the right, nor the authority to do as a matter of course. This is the one area where We The People have the power to check the injustices of our legal industry. Thanks for discussing this. It needs to be common knowledge.

[EthanDawson]

The biggest problem I see is that the legal system cares more about winning and upholding their power over others than what is right or just. I see way to often a prosecutor will go after someone because they can without asking if they should.

[catsspat]

It's like Fight Club. First rule of Jury Nullification: You do not talk about Jury Nullification. Second rule of Jury Nullification: You *do not* talk about Jury Nullification....

[superque]

How does this treatment of the Constitutional Right of jurors not INCENSE the masses and how do judges get to supress lawful information. This is revolution-worthy.

[kavalerdivacom]

During jury duty everyone was asked by the judge in front of all the other jurors if they would follow the law as instructed by the judge. Everyone said yes until he got to me. I said, "no, I will not convict someone of an immoral law". The judge and attorneys were flabbergasted and spent 5 minutes asking why I said that and I used that time to inform the other people in the jury pool about nullification. I remember telling them that the jury is truly the final check on whether the government is acting morally. Anyway they didn't pick me.

[redman]

Jim as a former and soon to be again a Michiganian I recall why I never got a law degree in Michigan! I watched until the 5:09 mark and then my anger got the better of me. First of all Juries which descend from the Magna Carta and English common Law were INTENDED to thwart government tyranny. Originally asan interesting side note a Bailiff was responsible for also Arresting a JUDGE should the need arise. Jurors are arbiters of both FACT and LAW. THey DO have the power to find not guilty if they believe a law is unjust. Under Original English law if you went to court and said "produce the victim" and the court could not then there was NO OFFENSE. The upshot of all of this is Lawyers hate their Rice Bowls broken and many Judges are just Black robed thugs who practice tyranny! I was amazed when you said they convicted him of "jury tampering" especially since the people reading the Literature were not impaneled.. this stinks of statism and tyranny.

[jeromemckenna]

Many years ago in high school I watched a moot court and was bored to tears. You make the law sound interesting. So, I applaud you and your videos.

[kailexx]

I remember back in the 90's a defense attorney in Denver actually told the jury about nullification. Two things happened: 1) Mistrial; 2) the attorney got hauled in front of the BAR. Funny, you are entitled to a jury of your PEERS. Your PEERS decide guilt/not guilt, not a judge/prosecutor who finds nullification disruptive and a threat to their power.

[liqwid]

Excerpt from the unanimous decision in Georgia v. Brailsford (1794), written by the first Chief Justice of the US Supreme Court and Founding Father, John Jay:

"It may not be amiss, here, Gentlemen, to remind you of the good old rule, that on questions of fact, it is the province of the jury, on questions of law, it is the province of the court to decide. But it must be observed that by the same law, which recognizes this reasonable distribution of jurisdiction, you have nevertheless a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy. On this, and on every other occasion, however, we have no doubt, you will pay that respect, which is due to the opinion of the court: For, as on the one hand, it is presumed, that juries are the best judges of facts; it is, on the other hand, presumbable, that the court are the best judges of the law. But still both objects are lawfully, within your power of decision."

Fast forward a century later, and the courts have begun to be corrupted by corporate interests. Striking is against the law, and Big Railroad is upset that juries are refusing to convict labor leaders. The Supreme Court "clarifies" Georgia v. Brailsford, and so begins the exaltation of corporate interests over the people's interests to not be exploited and forced to work under horrific conditions. "And accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed."

Fast forward another century, and many of our laws have literally been written by corporations. Judges are constantly lying to jurors about their power to nullify the law, instead convincing them that they are but mere finders of fact. A bare majority decision has held that these judges' lies are not reversible errors. "But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

There are only four boxes available to us in the defense of liberty: the soap box, the ballot box, the jury box, and the ammo box. We MUST promote and ADVOCATE for the first three boxes, so that we will never have to resort to the last one. We must never submit to tyrants who deign to take a peaceful and legitimate exercise of power away from the people. That would only make violence inevitable. I do not advocate for violence. Anyone who refuses to advocate for jury nullification is effectively advocating for violence.

[craigescapeddetroit]

America's 1st chief justice, John Jay, explained the juror's right to jury nullification, (Georgia vs. Brailsford) but the govt and judges hate it and try to supress it.

[russhawkins]

This is so kind of (dejavue)? I have been on jury duty twice, the first time was a reckless driving case and the judge said if we wanted to hang around he would come talk to anyone if they had questions. I was in my mid 20's and I was fascinated with the whole process and I stayed around and talked to the judge (the only one because I had kind of been the one that had us in the jury room for approx 3.5hrs all the others kind of went poof). He was extremely nice and sat down and talked to me for about 1/2 an hour. Without getting to long winded about details, I did not think the guy was driving recklessly, in fact to this day I will argue that because of the situation he was probably driving more attentively or less reckless than any other person that might have been on that deserted road with only him and the officer that pulled him over.

The Judge was awsome, we had found him guilty. The judge explained why, if he would have had to decide the case, he would have had to find the same way. We were not out there for sentencing of course and the judge said that the guy had a great driving record (which we all new because his lawyer had pounded that part in) and that he had given him the minimum that the law would allow him too. Right at the end of talking to him I mentioned that yea according to the letter of the reckless driving law he might have been guilty but that he I wasn't sure it he was guilty of the spirit of what the law was trying to accomplish if he could understand what I was saying. He said he did and the last thing he said as we were leaving the jury room (and the whole reason I am leaving this comment) if you ever get the chance look up (Drum Roll please) Jury Nullification.
I am just a few years younger than you so no real inter-web yet or smart phones to get instant knowledge but within the next couple weeks I did look it up at the library (see all you youngsters out there, there was a place called a library and you could go there to get
And now all these years later I am sitting here thinking about the part you mentioned here "a true and just...", and in that situation we got the true based off the facts right but at the same time might not got the just, based off the same facts, right. For that situation I think they may have separated a bit. I know just a reckless driving ticked but I was the youngest one in the jury room and for 3.5hrs I could not figure what and how to explain why I did not think he was guilty. It was very frustrating at the time.

Love you vids and keep on keepin on....

[aquinasrost]

This man's rights were violated, the judges involved exercised judicial tyranny by depriving him of his rights, and this is why jury nullification has been an important part of common law. It enables jurors to stand between the individual and the power of the government.

[Soren]

So, I realize this is a belated question but - relating to the story you told - can you be held in "contempt of court" by a judge for something you are doing entirely outside of their courtroom? And does a judge have the power to summon you to their specific courtroom to be tried *by them*? That all seems somehow wrong.
If a judge has a problem with something you are doing, shouldn't they have to file a civil complaint or call the cops so *some other judge* can hear that case?

[Fred-F]

I do not know anything about law but can listen to your lectures for hours and hours 😂😂 good job man!

[dianaklien]

The first rule of jury nullification is to not talk of jury nullification.

[justusnow]

In all of the shows and movies that depict courtrooms and trials, never have I ever heard the detailed instructions given to a jury. This makes you more than as lawyer. You are a teacher, You are revealing information that I, for one, found fascinating.

[johnpalmer]

Curious about a related topic: please give an explanation and thoughts on when a judge sets aside a jury verdict.

[spudhead]

If the Jury's oath is to render a True and Just verdict, what would happen if the Jury returned from deliberation and the foreman said "Your Honor, we are unable to render a verdict under oath. We all feel that a true verdict would be unjust and a just verdict would be untrue and thus any verdict we give would be a violation of our oaths."?

[ruggedcctv]

Great topic. Thanks for covering it. Interesting.
By the way, I didn't subscribe for a long time, because I kept thinking "This video is interesting, but surely there can't be many interesting law-related topics".
I was wrong. Great job!

[llerradish]

If people would stand together we could stop this injustice and force Judges and DA's to stop abusing their power like this. Building and filling prisons with non violent people isn't improving our lives.