The Rise of the Anti-Trump Jury. Juries Can Stop Trump, Too
Jury nullification has a potent but largely unspoken role in our criminal justice process. Judges do not instruct jurors that they can disregard the actual evidence and reject a case for political or emotional or other extraneous reasons. But who can stop a jury from doing just that, after all? They don’t attach a “Statement of Reasons” to a verdict form; they simply check “Guilty” or “Not Guilty,” no explanation sought or given. Defense lawyers at times try to give jurors a little wink-and-nod, but prosecutors and judges aggressively police any suggestion of nullification.
Even though it’s not formally on the books, jury nullification has its role in our democracy. Just as the jury serves as a bulwark of liberty by determining whether a defendant’s guilt has been proved beyond a reasonable doubt, so too can a jury reject cases that might be technically valid but just too much bullshit, in the broader (non-technical) sense.
This is what’s happening now to Justice Department prosecutors in Washington D.C. and elsewhere. The contagion will spread as the DOJ systematically abuses its discretion and power.
Take, for example, Sean Dunn — the D.C. Subway sandwich thrower who was acquitted last week on charges of assaulting a federal officer. A grand jury had initially rejected felony charges, and prosecutors should’ve gotten the hint right there, given that grand juries apply a low burden of proof and typically will indict anything the prosecutor puts in front of them. (Not doing the ham sandwich joke — and it was salami, anyway.) Undeterred, prosecutors pressed on with a misdemeanor assault charge and took Dunn to trial. It didn’t go any better.
https://nymag.com/intelligencer/article/the-rise-of-the-anti-trump-jury.html
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