There has long been debate over whether jury nullification is a "right" or only a "power".
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.”
It is BOTH a power AND a right even if the government wants to pretend otherwise.
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.”
It is BOTH a power AND a right even if the government wants to pretend otherwise.