~Basil

https://fija.substack.com/p/massachusetts-court-admits-jurors

Massachusetts Court Admits Jurors Have the "Ability" to Engage in Jury Nullification, but They Clearly Don't Like It
Kirsten Tynan

There has long been debate over whether jury nullification is a "right" or only a "power". FIJA uses both words.

We will not cede the language of jury nullification as a "right" just because courts want to memory hole this powerful tool against abusive government officials such as themselves.

That said, the latest legal opinion on my radar with regard to the RIGHT of jury nullification comes from Massachusetts. Its Appeals Court has ruled that while jurors have “the practical ability to nullify the law in light of the fact that a not guilty verdict is essentially unreviewable", there was no error in jury instructions telling the jury to apply the law as given by the judge and not consider punishment. ......