Jury Nullification: The Evolution of a Doctrine

by Clay S. Conrad

Juries have been delivering independent verdicts in the interest of justice for over 800 years, and many legal historians and scholars believe the value of juries is their power to act as the "conscience of the community," serving as the final check and balance on government in the moment of truth. If juries are nothing more than rubber stamps, they are no limit on government's power to pass unjust, immoral, or oppressive laws, and citizens are entirely at the mercy of sometimes jaded or corrupt courts and legislatures. This was what the Founding Fathers feared, and this is the reason why they guaranteed trial by jury three times in the Constitution -- more than any other right.

In Jury Nullification, author Clay Conrad examines the history, the law, and the practical and political implications of jury independence, examining in depth the role of nullification in capital punishment law, the dark side of jury nullification in Southern lynching and civil rights cases, and the purpose and legal effect of the juror's oath. The book concludes with an examination of what trial lawyers can do when nullification is the best available defense. This book should be of interest to historians, trial lawyers, criminologists, political scientists, and anyone interested in knowing how our criminal justice system works -- and how to make it better.

Genres: Law, Nonfiction

334 pages, Paperback

First published January 1, 1999

Reviews

[David · Rating 5 out of 5]

I read this book as research for one of my planks in my campaign platform, when I ran for County Prosecutor of Wayne County, Michigan (the plank being, the promotion and facilitation of Jury Nullification in all criminal trials, especially where "victimless crimes" are involved).
The book is very thorough and informative, and covers the history, uses and development, in England and then in America, of Jury Nullification (i.e. allowing juries to ignore unjust or unduly harsh laws and vote to acquit a criminal defendant on the basis of their conscience, regardless what the Judge instructs or the law states). It shows the genesis of JN, which dates back to at least the Magna Carta and probably even earlier. It also discusses and rebuts the various arguments against JN, that have unfortunately proliferated American jurisprudence and popular belief.
Every good American (and UK) citizen should read this book, if they are at all devoted to or interested in holding at bay the totalitarian Police State which has over-criminalized everything to the point where the only acts which are not prohibited are those which are mandated. JN is truly the last-chance check-and-balance upon government tyranny, and the only grassroots one wielded directly by The People...even if wielded only one criminal case and jury at a time, and having no lasting effect on overturning bad/unjust laws (case precedent).

[Seán · Rating 3 out of 5]

Given my limited exposure to the true face of criminal justice (100 Centre Street Legal Aid Night Arraignment Glorytimes + The Liz Most's Reign of Fury), I am more convinced than ever, save for the Bill of Rights itself, the jury truly is the strongest bulwark of liberty extant in the American system. Anti-democratic haters be damned! The "professionals" are establishmentarian lovers of the state; their cynicism makes me look like the Pollyanna of Roosevelt Avenue.

Jury independence is a sunspot in the law, appropriately flaring up when the criminal law exceeds the limits of social consensus, dying away when the law has been reformed, only to flare up anew when legislative ambition again overtakes its legitimate bounds.

Also, this reader appreciated the shout out to Judge Jack B. Weinstein, LBJ's greatest legacy in the Eastern District of New York.

For further study: Lysander Spooner and John Lilburne the Leveller.

[Steven · Rating 5 out of 5]

An excellent book on the history of the role of juries in criminal trials, with a focus on them being the last check against the over-reach of governmental power. A surprisingly easy read for a citation-heavy book on law and history.

[David Robins · Rating 4 out of 5]

An exhaustingly in-depth look at the history of jury nullification, from before the Magna Charta to present day; although judges try to exclude all mention of it, it is still very much an entirely legal option for juries, and the exercise thereof is an important part of the fight for liberty.

[Craig Bolton]

Jury Nullification: The Evolution of a Doctrine by Clay Conrad (?)

[Melissa]

I got a jury summons a while ago (which was cancelled) and I want to know more about this topic in case I have to be on a jury sometime.

[Damian · Rating 3 out of 5]

Good comprehensive coverage, but preferred the US case law history which I found the most interesting. Skimmed much of the rest.