“The jury has the right to judge both the law as well as the fact in controversy.” – Founding Father and Supreme Court Justice John Jay, in Georgia v. Brailsford, 1794
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Jury nullification is a concept unknown to most people in our country. I have heard that in many courtrooms the judge will not allow the defense attorney to bring up the subject. Also, I have heard that persons who were standing on the sidewalk outside a courthouse, handing out pamphlets explaining jury nullification, were forcibly removed. If a member of the jury brought up the subject to the other members of the jury while in deliberation, they would probably think the person was a kook and not believe them.
The last time I was up for jury selection the prosecutor and I ended up debating the merits of the law the defendant was being charged under. After a fun back and forth debate he asked me what I would do….I said I would overturn the law. The judge had me out of there so fast it was almost comical! They do not want informed juries!