Comments on: State’s Rights http://bennettandbennett.com/blog/2007/04/state-rights.html the tao of criminal defense trial lawyering Fri, 19 Mar 2010 21:51:06 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Mark Bennett http://bennettandbennett.com/blog/2007/04/state-rights.html/comment-page-1#comment-11 Mark Bennett Fri, 06 Apr 2007 01:50:00 +0000 http://bennettandbennett.com/blog/?p=25#comment-11 Clay,<br/><br/>I would say that that common construction is a fiction. Jurors have the right to nullify -- this inheres in the jury system -- but the government lies to them about it (and tries to make the lawyers participate in the lie), saying that this is not a right, because jury nullification is inimical to governmental power.<br/><br/>If jurors' prerogative to nullify the law it were not a right, the government would have taken it away by now. Clay,

I would say that that common construction is a fiction. Jurors have the right to nullify — this inheres in the jury system — but the government lies to them about it (and tries to make the lawyers participate in the lie), saying that this is not a right, because jury nullification is inimical to governmental power.

If jurors’ prerogative to nullify the law it were not a right, the government would have taken it away by now.

]]> By: Clay S. Conrad http://bennettandbennett.com/blog/2007/04/state-rights.html/comment-page-1#comment-10 Clay S. Conrad Fri, 06 Apr 2007 01:29:00 +0000 http://bennettandbennett.com/blog/?p=25#comment-10 Interesting. How do you respond to the common construction that says jurors have the power to nullify, but not the right to do so? Jurors plainly do not protect their nullification prerogative through the use of force. Interesting. How do you respond to the common construction that says jurors have the power to nullify, but not the right to do so? Jurors plainly do not protect their nullification prerogative through the use of force.

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