Fully Informed Juries: The Power to Judge the Facts and the Laws

Juries may be one of the most powerful entities in society. Under the state and federal constitutions we have a right to a trial by jury, in most cases. According to jury advocates Fully Informed Jury Association, juries can judge the facts as well as the laws that apply to a particular case. According to FIJA;

“JUDGES MAY NOT TELL YOU THIS, but when you sit on a jury, you have the right to vote according to your conscience and to judge the law being applied to the case. As a juror, you are the final safeguard for justice. It's the judge's obligation to give the jury the wording of the law being applied to the case. If the judge fails to provide the wording of the law or you think the law he gives you is a bad or unconstitutional law or a good law being improperly applied, or there are other factors that would make you regret a vote to convict someone, then it is your right and duty as a juror to vote “Not Guilty” even if you are the only juror who does and you therefore “hang” the jury. You cannot be punished for the way you vote.”

In America, juries have rendered discussions that have outraged judges, baffled prosecutors and in some cases pleased an insubordinate public. They have freed protesters in the 1794 Whiskey Rebellion, refused to convict those who aided run away slaves, acquainted bootleggers during alcohol Prohibition and freed pot smokers who were facing life in prison.

The Georgia Constitution is very specific in describing the duties of the juror. In Article 1, Section 1 the Georgia Constitution says in part;

“In criminal cases, the defendant shall have a public and speedy trial by an impartial jury; and the jury shall be judges of the law and the facts.”

Judges have been defiant in properly instructing jurors of their rights and duties. They instruct jurors to accept the law as it is given to them by the judge, even if some laws may be deemed unjust. FIJA’s goal is to educate jurors to understand regardless of the evidence and testimony of police, regardless the accusations of the prosecutors and regardless of the instructions given by judges, once the jurors are behind closed doors they can vote their conscience and judge the law as well as the facts of the case without fear of retribution.

Here’s an example; an elderly woman is charges with shooting to death her terminally ill husband. According to her testimony her husband asked her to end his life and end his suffering. The facts are irrefutable that she committed the act and violated the law of the state. According to the judges instruction she should be found guilty based on the law. The jury, after lengthy deliberation, determined this was a case of “mercy killing” and the jury voted unanimously to acquit the defendant, nullifying the law, thanks to an informed juror who educated their fellow jurors of their rights. This is called jury nullification.

In another scenario, a defendant is charged with possession of just over an ounce of marijuana. In the state of Georgia the defendant is facing 10 years in state prison. The facts showed the defendant did possess the controlled substance but the jury determined the punishment did not fit the crime and voted to acquit. The defendant walks free.

This power of the jury is the only way to keep government and the laws in the hands of the people.

If you are called to serve as a juror, I encourage you to fully inform yourself of your rights. After all, someday you may be the defendant in need of a fully informed jury.

Power to the People!