You are on page 1of 1

What you should know as a potential juror What you should know as a potential juror

It is the duty of the court to advise you of the law, and it is It is the duty of the court to advise you of the law, and it is
your duty to consider the instructions of the court; however, your duty to consider the instructions of the court; however,
if you find that the law or the application which the court if you find that the law or the application which the court
instructs you upon is unjust, you may vote to acquit the instructs you upon is unjust, you may vote to acquit the
defendant or find him not liable for damages. defendant or find him not liable for damages.

“It is not only [the juror’s] right but also his duty…to find the verdict “It is not only [the juror’s] right but also his duty…to find the verdict
according to his own best understanding, judgment, and conscience, according to his own best understanding, judgment, and conscience,
though in direct opposition to the direction of the court.” though in direct opposition to the direction of the court.”
John Adams, Second U.S. President and signer of the Declaration of Independence John Adams, Second U.S. President and signer of the Declaration of Independence

“It is presumed, that juries are the best judges of facts; it is, on the “It is presumed, that juries are the best judges of facts; it is, on the
other hand, presumed that courts are the best judges of law. But still other hand, presumed that courts are the best judges of law. But still
both objects are within your power of decision…you [juries] have a both objects are within your power of decision…you [juries] have a
right to take it upon yourselves to judge of both, and to determine the right to take it upon yourselves to judge of both, and to determine the
law as well as the fact in controversy.” law as well as the fact in controversy.”
John Jay, First Chief Justice of the U.S. Supreme Court John Jay, First Chief Justice of the U.S. Supreme Court

The power of the jury is our safeguard against bad laws (or good The power of the jury is our safeguard against bad laws (or good
laws applied unjustly), and is one of the most effective ways to laws applied unjustly), and is one of the most effective ways to
prevent unconstitutional government intrusion into citizens’ prevent unconstitutional government intrusion into citizens’
lives—and your life. In the past, jury nullification has been used to lives—and your life. In the past, jury nullification has been used to
oppose slavery laws, support the civil rights movement, protect oppose slavery laws, support the civil rights movement, protect
private property, and defend religious activities. private property, and defend religious activities.

The Judge and the prosecuting attorney will likely instruct you The Judge and the prosecuting attorney will likely instruct you
that, if the prosecution proves its case beyond a reasonable doubt, that, if the prosecution proves its case beyond a reasonable doubt,
you must convict; however, if you feel beyond a reasonable doubt you must convict; however, if you feel beyond a reasonable doubt
that something is wrong with the law itself, as applied in this case, that something is wrong with the law itself, as applied in this case,
then you have the power to acquit. According to the Constitution, then you have the power to acquit. According to the Constitution,
the trial belongs to the jury, not the judge. Don’t let yourself be the trial belongs to the jury, not the judge. Don’t let yourself be
coerced into rendering a verdict you’ll regret! coerced into rendering a verdict you’ll regret!

For more information on this topic, visit www.fija.org. For more information on this topic, visit www.fija.org.

You might also like