Drug Law

Why No Jury Nullification in Jovan Jackson Marijuana Case?

| by NORML
Jovan Jackson, convicted of a crime he was acquitted for a year ago, thanks to a judge denying him a fair defense at trial.

From Americans for Safe Access:

After the verdict was read, Judge Shore told the jurors that their work had been completed and that they could now be excused. Before the jurors left however, Judge Shore added that the attorneys in the case had a few questions for them and asked them to stick around and a give a post verdict interview if they wished. The interview was conducted outside of the presence of the public with just about all of the jurors staying behind to talk to the attorneys.

Following the post verdict interview, the public found out that the jurors unanimously said “we wanted to find a way to let Jackson go, but could not”.

The jurors explained that the jury instructions they were given, contained no defense for possession for sale or sales; the very portion that was redacted away by the prosecutor and Judge Shore.

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Aside from looking for a way to find Jackson not guilty, the jurors all said that although they did not agree with the law as it was given to them, that they still had to respect it, as Judge Shore ordered them to only consider the law that was written in the Jury Instructions.

Wrong, jurors.  You have the power of Jury Nullification. No matter how guilty someone is, how much compelling evidence there may be, or any instructions given by the judge, a jury can decide that the application of the law itself is unjust and acquit a defendant.

Please learn more about this crucial right of juries! A defense attorney in court cannot argue for jury nullification without severe punishments from a judge, but juries can never be punished or sanctioned for exercising this right. Visit the Fully Informed Jury Association at http://fija.org.