Nullification occurs when jurors refuse to find a defendant guilty because the underlying law is unjust (visit the Fully Informed Jury Association if you want more details). And if I ever wind up on a jury and the government was trying to throw someone in jail for a victimless crime, I certainly hope I would do the right thing and refuse to declare the person guilty.
The good people of western Montana certainly have the right attitude about victimless crimes. A jury pool in Missoula County basically told a court that they would not be willing to convict a defendant for possessing a tiny amount of marijuana.
Wouldn’t it be wonderful if this happened all over the country and politicians were forced to stop the war on drugs? That would be a Christmas present for the entire nation.
While we’re waiting for that to happen, let’s celebrate what happened in Montana. Here’s an excerpt from the Billings Gazette.
A funny thing happened on the way to a trial in Missoula County District Court last week. Jurors – well, potential jurors – staged a revolt. They took the law into their own hands, as it were, and made it clear they weren’t about to convict anybody for having a couple of buds of marijuana. Never mind that the defendant in question also faced a felony charge of criminal distribution of dangerous drugs. The tiny amount of marijuana police found while searching Touray Cornell’s home on April 23 became a huge issue for some members of the jury panel. No, they said, one after the other. No way would they convict somebody for having a 16th of an ounce. In fact, one juror wondered why the county was wasting time and money prosecuting the case at all, said a flummoxed Deputy Missoula County Attorney Andrew Paul. …“Public opinion, as revealed by the reaction of a substantial portion of the members of the jury called to try the charges on Dec. 16, 2010, is not supportive of the state’s marijuana law and appeared to prevent any conviction from being obtained simply because an unbiased jury did not appear available under any circumstances,” according to the plea memorandum filed by his attorney.
(h/t Jason Kuznicki)
