Jury nullification has been viewed as an unfair power on the defendant's behalf[1]. In order to conceal the jury's right to nullify, many judges currently inform jurors that upholding the law is the jury's responsibility, and that they must enforce the laws in place, no matter their opinion of those laws. In effect, the judges sway and control the jury so it feels obligated to enforce the law without considering extenuating factors that may exist. However, the right of jury nullification creates a judicial system where the common man is more involved, and provides the system with nuance by allowing cases to be driven by facts as well as the opinion of the jury. The Canadian Supreme Court has recently ruled in the R. V. Krieger case that jurors do have the power to nullify a case, no matter the government's opinion of the defendant's guilt, and Canada may see a rise in nullification cases as a result[2]. In the U.S., New Hampshire has recognized jury nullification, passing a law that allows the defense to inform the jury of its rights to nullification, the first state in America to do so[3]. The American judicial system must cease undermining a jury's right of nullification. Jury nullification provides the public more power in the legislative and judicial branches of government by allowing opinion to be a factor in the outcome of a case and permitting court cases to be decided not strictly on the facts, but on how the law was applied and the jury's opinion on whether that law is consistent with society at the time. This is a right the American Founding Fathers wished their citizens to possess.
[1] Bissell, John W. "Comments on Jury Nullification". Heinonline.org, n.p,. n.d. 1997-1998. Web. 7 November 2013.
[2] Supreme Court of Canada. "R. v. Krieger, [2006] 2 S.C.R. 501, 2006 SCC 47" 2006. Web. 8 November 2013.
[3] Baldwin, Chuck. "New Hampshire Officially Recognizes Jury Nullification". 8 August 2012. Web. 10 November 2013.
[2] Supreme Court of Canada. "R. v. Krieger, [2006] 2 S.C.R. 501, 2006 SCC 47" 2006. Web. 8 November 2013.
[3] Baldwin, Chuck. "New Hampshire Officially Recognizes Jury Nullification". 8 August 2012. Web. 10 November 2013.