Those of you who think that juries should be allowed to judge the fairness of the law as well as whether the defendant is guilty: answer me this. If you’re going to judge something, shouldn’t you be given all the facts relevant to that decision?
Because you aren’t getting them under the current jury system.
So, for example, if you’re going to take it upon yourself to decide whether to vote guilty or not based on the sentence you think the defendant will get, shouldn’t you be told exactly what the sentencing options are, and the full details of the defendant’s record — including the facts of his previous offenses and how long he spent in prison for each offense? Shouldn’t you be told about similarly situated defendants and what they received?
You aren’t getting those facts under the current jury system.
If you are going to vote based on your view that drug peddling is a victimless crime, shouldn’t the prosecution have the chance to show the way the defendant’s drug dealing has victimized the neighborhood? Shouldn’t you hear from the neighbor who constantly begs the cops to get these dealers (including this defendant) off the street because they are dealing drugs in front of schoolchildren? Shouldn’t you hear from the family of the addict whose life, and the lives around him, have been ruined by the poison the defendant has peddled? Shouldn’t you hear from the experts who have studied the likely effects of legalization and concluded that it will result in more narcotic usage in society as a whole, including more drug usage by children?
But the authors also found that any form of legal commercial sales would significantly increase the amount of drug use in society. Even if each drug user consumed fewer drugs, an increase in the total number of people using drugs could translate to more problems, overall, for society.
You aren’t getting those facts under the current jury system.
How can you make a decision if the parties aren’t even allowed to present evidence on the question you have taken it upon yourself to decide?
It seems to me that if you favor nullification, one of two things is true: either 1) you have to be confident in your ability to make decisions on these questions without evidence presented by both sides — in which case you are arrogant and overconfident of your own superior knowledge — or 2) you have to support an incredible liberalization of the rules of evidence, along the lines of the proposal I set forth in this post. Read that post, in which I (somewhat hyperbolically, but only somewhat) propose doing away with the rules of evidence and telling juries every possibly relevant fact, including the defendant’s criminal history, gang membership, etc. Then tell me whether I’m really an elitist who wants to hide evidence from juries.
If we implemented that proposal, I’d be a lot more comfortable with giving jurors the authority to decide the law as well as the facts.
Now see if you can find a single defense attorney on God’s Green Earth who would feel comfortable with that proposal. You won’t . . . because they know that jurors knowing all the facts — including the full details of the defendant’s criminal history, gang ties, and so forth — would result in more convictions, not fewer.