In Montana, an ad put up at various bus stops has angered Federal Prosecutors and Judges. The sign reads, “Good jurors nullify bad laws.” It is easy to forget that juror’s hold the power to refuse to convict, even if a defendant is in violation of a law. The founding fathers had this in mind when framing the Constitution as Americans were being sent to jail for violating arbitrary laws. Perhaps the best example of Juries refusing to convict an individual who is in violation of a law is the Fugitive Slave Act of 1850, which required white citizens in free states to return fugitive slaves to their owners in chains. Many juries refused to convict even though the runaway slaves had violated a federal law.
Jurors today have the same ability to nullify bad laws and refuse to convict defendants who have violated them. Every day, another medical marijuana patient or caregiver is arrested for a silly technical violation of the act. Even worse, many who are arrested have actually done nothing wrong and are in complete compliance. With our skyrocketing prison population and our elected officials serving ulterior motives rather than the will of the people, it is up to us to stand up for our fellow citizens. We must invoke our constitutional right as jurors to recognize bad laws and refuse to convict those who have gotten unjustly thrown into the criminal justice system.
