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Is This Any Way to Run a Jury?

Godfrey D. Lehman

Law / Jury

It's not always easy to get before a jury, and only a small percentage of all trials do reach juries, but those that do are influential. The jury has an immediate impact. When the jury acts, the government complies at once. Deciding the facts in a dispute is important of course, because that's ostensibly what's asked of them. But while deciding the facts, the jury must really decide if the law or laws involved make good public policy - which means the jury is free to ignore the written law as if it did not exist - in other words, to nullify it. This is based on the doctrine that the people in the American republic (the Constitution does not use the word democracy) are sovereigns and All power is inherent in the people! All power! The jury is composed of a representative group of equal sovereigns - intended to be large enough to be diverse, but small enough to be operable, and as sovereigns, they retain, inherently, all power.
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