Philosophy In Action All the ideas and discussions
22 votes Vote

Should juries nullify bad laws by refusing to convict?

Imagine a criminal case of drug possession, tax evasion, or prostitution -- meaning, where the law is wrong because the outlawed activity doesn't violate rights. Should a rational juror refuse to find the defendant guilty? Would that be morally obligatory or merely acceptable? Does the juror endorse the violation of rights inherent in the law by voting to convict? Basically, shouldn't the juror use his own independent mind not merely to judge the evidence, but also to judge the morality of the law?

Michael , 16.06.2013, 18:55
Idea status: completed


Michael Hardy, 19.06.2013, 10:48
One state --- New Hampshire --- has a law requiring judges to tell jurors that they should acquit in disregard of the law if they believe there's good reason to do so.

Leave a comment