Sunday, January 16, 2011
For those of you who are familiar with my novel, Gaviota
here's a website that argues--as did my protagonist in that novel--in favor of "jury nullification" as a means of ensuring truly populist justice in criminal trials. The Wikileaks founder would surely need such a doctrine to obtain a fair adjudication if he were to stand trial in the US on some technical violation of our manifold secrecy laws.
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You know, you're right - they're right - there's a default thinking involved, that since the prosecution represents "the people," the jury does too. And of course the jury should protect the accused, within a reasonable doubt and up to a moral uncertainty. Or something like that. :)
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