Jury nullification is one of the oldest rights given to Americans jurors, dating all the way back to Pre-Revolutionary America. Jury nullification was commonly used when Quakers were accused of religious assembly without consent from the Church of England and used in trials for traders that violated the Navigation Acts[1]. Many founding Fathers of America supported nullification, and believed that the citizens of the U.S. must possess a right to be represented in the government. America's first Supreme Court Chief Justice John Jay stated that juries have the right to judge the law based on the law itself as well as the facts in controversy[2]. In the 1800's, jury nullification was recognized and not criticized when it was applied. Recently, the right has been discouraged by judges and prosecutors, and all but forgotten by the people. Though some today disapprove of this right, one cannot refute that it is one of the oldest, allowing the people to be better represented in the government through the judicial system. A right as powerful as jury nullification is one that must no longer be hidden from the public. To quote Justice William Goodloe, Chief Justice of the Washington State Supreme Court and an advocate of jury nullification, "A right concealed is a right denied"[3].
[1] Goodloe, Justice William. "Empowering the Jury as the Fourth Branch of Government". Fully Informed Jury Association, Stahl, Tom. April 10, 2009. Print. 28 October 2013.
[2] Guy Smith. "Jury Nullification and the 2nd Amendment". Gunfacts.info, n.p. 2007. Web. 28 October 2013.
[3] Goodloe, Justice William. "Empowering the Jury as the Fourth Branch of Government". Fully Informed Jury Association, Stahl, Tom. April 10, 2009. Print. 29 October 2013.
[2] Guy Smith. "Jury Nullification and the 2nd Amendment". Gunfacts.info, n.p. 2007. Web. 28 October 2013.
[3] Goodloe, Justice William. "Empowering the Jury as the Fourth Branch of Government". Fully Informed Jury Association, Stahl, Tom. April 10, 2009. Print. 29 October 2013.