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.
Just a nit. It is not a right, nor a privilege. It is an immutable power. Justice Frankfurter said something to the effect of “juries have the POWER to decide a case in the face of the law and the facts.”
Just a nit. It is not a right, nor a privilege. It is an immutable power. Justice Frankfurter said something to the effect of “juries have the POWER to decide a case in the face of the law and the facts.”