“Do you promise to decide this case based on the law as I give it to you?”
This is a commonly phrased question that a judge may ask each potential juror before considering that person for a seat on the panel.
Invariably, the dutiful, and intimidated, potential juror answers “yes,” out of ignorance of the real power held by any juror: the power of Jury Nullification.
Our republican form of government, with its rule of law, relies on a system of checks and balances between the legislative, executive, and judicial branches of government. This system works to distribute power among all of the participants in our government to ensure that justice prevails. A seldom-considered aspect of these checks and balances is the role of We the People in this process. We all know that the legislature passes the laws, the executive oversees that the laws are put into effect, and the judiciary supervises the enforcement of those laws in court. But ultimately, it is The People, the jurors, who are not only the triers of the facts of a court case, but also the triers of the law, itself. The jury is the last fail-safe in the system to bring about a verdict that values justice over a blind obeisance to an unconstitutional law.
In deciding his vote, any juror can choose to disregard the instructions of the judge. In reality, government officials are required to present their cases in court to a jury of the People who may then choose whether or not to grant the government permission to enforce a law as is indicated by the verdict that the jury renders in that case.
The first Chief Justice of the United States Supreme Court, John Jay, made it clear in 1789 that “The jury has a right to judge both the law as well as the fact in controversy.” Therefore, it is the obligation of every juror to perform this duty to render a verdict that recognizes the validity of both the law and the facts. If following the law does not result in a just decision, then nullification of the law is a prerogative of the jury, even if that means disregarding the instructions of the judge.
The Constitution of the State of Jefferson officially recognizes this power, responsibility, and right of The People in their function as jurors when it specifically cites that “The right of trial by jury shall remain inviolate … and the jury is the trier of fact and law.”