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  • OT Dale Amon on

    Filed at 6:05 pm under by dcobranchi

    OT Dale Amon on Samizdata has an interesting post on the theory of Jury Nullification– that is, the right of juries to decide that the law itself is unjust. The Fully Informed Jury link eventually led to this quote:

    Thomas Jefferson, in a letter to Thomas Paine, 1789: “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”

    I hadn’t ever given this topic any thought but it seems clear that the founders recognized a jury as the defender of liberty through the act of nullification.

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