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I wrote a Bitcoin Magazine article on this, though it was directed toward a bitcoin audience related to nullification of anti-bitcoin laws.
In sum:
Jury nullification is a consequence of a fair and impartial jury system. Put most simply, it is the power of a criminal jury to return a not guilty verdict, even though the prosecution meets the legal burden for a guilty verdict. It often stems from changes in the societal moral compass, for instance, when an act is no longer deemed to be criminal by that day's standards. It is not, what one might call, an explicit right of a jury, but rather it is a necessary logical consequence of any system that purports to maintain a fair and impartial jury.
it is not, what one might call, an explicit right of a jury, but rather it is a necessary logical consequence of any system that purports to maintain a fair and impartial jury.
I get that lawfully it looks like a logical consequence. But the really interesting question to me is whether the "spirit of the law" intends for justice to go beyond laws or only the "letter of the law" did this accidentally.
I wouldn't be so sure for either option.
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