I’ve been reading a lot about jury nullification, and I get that jurors have the power to acquit someone even if the law technically says they’re guilty. But what I don’t get is—why is this something that exists, yet courts don’t allow it to be talked about during a trial?
If it’s a legitimate part of the legal system, why is it treated like a secret? Would a juror get in trouble for mentioning it during deliberations? And what would happen if someone brought it up during jury selection?
I’m just curious how this all works in practice. If jurors can ultimately do whatever they want, what stops them from using nullification all the time?
What does the phrase “We The People” mean, as used in the preamble of the constitution?
This is basic, foundational stuff we are talking about here. The fundamental concepts of democracy. Those aren’t just fun, patriotic words; they have actual meanings. Our government does not arise from “divine right” or “ancestral claims”. It exists because We The People willed it into existence. We willed into existence the right of the accused to be judged not by agents of the government, but by the peers of the accused. The same “We The People” who conveyed a tiny portion of their powers to allow the United States government to come into existence are charged also with wielding their power in determining the guilt or innocence of the accused.
You suggestion that the jury is beholden to the legislature is offensive. Your suggestion that “We The People” are legally and constitutionally obligated to enforce unjust laws promulgated by a corrupt legislature is absolutely galling. Made up poppycock that sounds nice? This is a core tenet of democracy we are talking about here.
I have asked you, repeatedly, to provide the constitutional basis for your claims, as I have repeatedly provided for mine. The closest you have come to any sort of support for your position is this statement:
That is not in any way a reasonable, rational argument.