Is Plea Bargaining in Drug Cases Worth It? The Role of Jury Nullification in Victimless Crimes

Jury Nullification is concept that intentionally flies under radar in a number of court cases. It basically indicates that the jury does not have to follow the letter of the law in determining the guilt or innocence of an individual defendant, but can actually determine the fairness or quality of the law, and vote their conscience criminal defense attorney oakland county.

For good reason, the state apparatus, meaning the prosecutor, the judge, and police officers do their best to prevent jurors from knowing this, issuing the dictates from the bench that tell jurors how they can or cannot make decisions. Lawyers can actually be held in contempt for arguing jury nullification, or “putting the law on the trial”, and individuals have been arrested outside of courtrooms for passing out pamphlets on jury nullification.

Needless to say, there is a great deal of energy expended in keeping the concept of jury nullification quiet so that jurors don’t take it upon themselves to become legislators and “subvert” the authority of the state in rendering the desired outcomes. Yet in victimless crimes, like drug offenses, jury nullification has an honored history of preventing the incarceration of individuals who would otherwise spend years in prison for a crime that ostensibly has not victim.

“Here in Michigan, we saw a case of an activist charged with ‘jury tampering’ for distributing literature on jury nullification outside of a courtroom. He was a member of FIJA (Fully Informed Jury Association) which educates jurors on their right to judge the law itself, not just the case. The Judge in this case charged the activist with ‘jury tampering’ and ‘obstruction of justice’ merely for informing jurors of the law. ”

It may seem like a bizarre turn of events, especially in the light of the First Amendment protections, but instances of this are far from the exception. “The truth is, the court doesn’t really want you to know that you have the power to vote your conscience, and the fact that these charges are being issued by the bench makes it all the more problematic. Jury nullification was most popular during the prohibition when overzealous courts were prosecuting people for the consumption, distribution, and production of alcohol. Getting a conviction on charges that most folks didn’t believe should be a crime in the first place, became very difficult, and eventually overturned the law. In terms of drug distribution nowadays, jury nullification is much harder to get. Most folks won’t recognize your intrinsic right to distribute life-destroying narcotics for a fee, but whether it’s on the same moral footing as alcohol distribution, is another question entirely. Juries can in some cases be sympathetic to individuals who have not committed a violent crime, but if we’re being honest, most folks would agree it isn’t entirely victimless, and that sending someone to prison distributing crack or heroin isn’t beyond their conscience.”