Tag Archives | jury nullification

Kansas Jury Refuses To Recognize Marijuana Laws

This has happened before in parts of the country where you might not expect it and seems to be a growing trend which the government would rather you not know about. Via Reason, a Kansas defense attorney recounts the turn of events:

I had a jury trial this morning on level 3 possession with intent MJ, level 4 possession drug paraphernalia and level 10 no drug tax stamp.

During voir dire, my almost all white, middle-class, middle-aged jury went into full rebellion against the prosecutor stating that they wouldn’t convict even if the client’s guilt was proven beyond a reasonable doubt — almost all of them! They felt marijuana should be legalized, what he does with it is his own business and that the jails are already full of people for this silly charge.

Then, when the potential jurors found out that the State wanted him to pay taxes on illegal drugs, they went nuts.

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Professor Faces Trial For Distributing Jury Nullification Pamphlets

JURY1-popupNew York has arrested and brought charges against an eccentric retired chemistry professor who frequently stands outside of federal court and informs passersby about ‘jury nullification’, a controversial practice in which jurors disregard laws they disagree with. Is Julian P. Heicklen a hooligan or hero? Either way, he’s extremely cranky, the New York Times found:

Since 2009, Mr. Heicklen has stood there and at courthouse entrances elsewhere and handed out pamphlets encouraging jurors to ignore the law if they disagree with it, and to render verdicts based on conscience.

That concept, called jury nullification, is highly controversial, and courts are hostile to it. But federal prosecutors have now taken the unusual step of having Mr. Heicklen indicted on a charge that his distributing of such pamphlets at the courthouse entrance violates a law against jury tampering.

Mr. Heicklen was arraigned on Friday in a somewhat contentious hearing before Judge Kimba M.

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