Last December a “mutiny” occurred in a Montana courtroom. At least that’s what a stunned county deputy attorney called it. One of 27 members of a jury pool spoke up to ask why taxpayer money was being wasted to prosecute a man accused of possessing 1/16th of an ounce of marijuana. When polled, a large majority of the potential jurors indicated their reluctance to convict on such a minor possession.
The judge called a recess and the prosecutor worked out a plea deal, which read, “Public opinion, as revealed by the reaction of a substantial portion of the members of the jury . . . is not supportive of the state’s marijuana law and appeared to prevent any conviction from being obtained. . . .”
Technically jury nullification did not occur because no jury had been seated. Nullification occurs when a jury in a criminal case either acquits or refuses to convict a defendant despite the letter of the law or the weight of evidence. In effect the jury passes judgment on the justice of the law and refuses to facilitate what it deems to be unjust.
Nullification is often held up as a populist defense against oppressive or corrupt law, but many questions surround the legal procedure.
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