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The Judges were so astonished at the verdict of the jury that they had to repeat their question before they would believe their ears, but the public which crowded the judgment hall, on the announcement of the verdict, broke out into cheers so loud and long as, according to the unanimous testimony of contemporary reporters, had never before been heard in the Guildhall.

The cheering and waving of caps continued for over half an hour, while the Judges sat, turning white and red in turns, and spread thence to the masses in London and the suburbs.

At night bonfires were lighted, and even during the following days the event was the occasion of joyful demonstrations.

In , Lilburne was on trial again and asked the jury to acquit him if it found the death penalty "unconscionably severe" in proportion to the crime he had committed.

The jury found Lilburne "Not guilty of any crime worthy of death". In , a petit jury refused to convict William Penn of unlawful assembly in Bushel's Case.

The judge attempted to find the jury in contempt of court; this was ruled inappropriate by the Court of Common Pleas. In , a grand jury refused to indict the Earl of Shaftesbury.

Then in , a jury acquitted the Seven Bishops of the Church of England of seditious libel. Juries continued, even in non-criminal cases, to act in defiance of the Crown.

In both cases, messengers were sent by Lord Halifax to seize allegedly libelous papers. In Scotland, jury nullification had the profound effect of introducing the three-verdict system including the option of " not proven ", which remains in Scotland to this day.

It was in that one Carnegie of Finhaven accidentally killed the Earl of Strathmore. As the defendant had undoubtedly killed the Earl, the law as it stood required the jury merely to look at the facts and pass a verdict of "proven" or "not proven" depending on whether they believed the facts proved the defendant had killed the Earl.

To avert this injustice, the jury decided to assert what it believed to be their "ancient right" to judge the whole case and not just the facts, rendering the verdict of "not guilty".

Over time, juries have tended to favour the "not guilty" verdict over "not proven" and with this the interpretation has changed. Now the "not guilty" verdict has become the normal verdict when a jury is convinced of innocence and the "not proven" verdict is only used when the jury is not certain of innocence or guilt.

Standard jury trial practice in the United States during the Founding Era and for several decades afterward was to argue all issues of law in the presence of the jury, so that the jury heard the same arguments the bench did in reaching his rulings on motions.

This is evidenced by such decisions as the case Stettinius v. This transition began with motions in limine , to exclude evidence on which it was felt the jury should not hear the argument because they would be informed of the evidence to be excluded.

Later that was expanded to include all legal argument, so that today, that earlier practice of arguing law before the jury has been largely forgotten, and judges even declare mistrials or overturn verdicts if legal argument is made to the jury.

Although extremely rare, jury nullification occurs in Canada. As the prosecution has powers to appeal the resulting acquittal , it lacks the finality found in the United States.

However, the Crown cannot appeal on grounds of an unreasonable conviction although it can appeal on errors of law. Latimer , SCC 1, [28] the Supreme Court discussed jury nullification and indicated that it is a duty of the presiding justice to try to prevent it from occurring.

Perhaps the most famous cases of jury nullification in Canada were the various trials of Henry Morgentaler , who openly operated a private abortion clinic in violation of the Criminal Code.

Repeated attempts at prosecuting Morgentaler resulted in acquittals at jury trials in the s and s. In the Supreme Court case, R. Morgentaler , SCR 30, [29] a nullification was appealed all the way to the country's highest court, which struck down the law in question.

In obiter dicta , Chief Justice Dickson wrote:. The contrary principle contended for by Mr. Manning, that a jury may be encouraged to ignore a law it does not like, could lead to gross inequities.

One accused could be convicted by a jury who supported the existing law, while another person indicted for the same offence could be acquitted by a jury who, with reformist zeal, wished to express disapproval of the same law.

Moreover, a jury could decide that although the law pointed to a conviction, the jury would simply refuse to apply the law to an accused for whom it had sympathy.

Alternatively, a jury who feels antipathy towards an accused might convict despite a law which points to acquittal.

To give a harsh, but I think telling example, a jury fueled by the passions of racism could be told that they need not apply the law against murder to a white man who had killed a black man.

Such a possibility need only be stated to reveal the potentially frightening implications of Mr. Manning's assertions. It is no doubt true that juries have a de facto power to disregard the law as stated to the jury by the judge.

We cannot enter the jury room. The jury is never called upon to explain the reasons which lie behind a verdict. It may even be true that in some limited circumstances the private decision of a jury to refuse to apply the law will constitute, in the words of a Law Reform Commission of Canada working paper, "the citizen's ultimate protection against oppressive laws and the oppressive enforcement of the law" Law Reform Commission of Canada, Working Paper 27, The Jury in Criminal Trials But recognizing this reality is a far cry from suggesting that counsel may encourage a jury to ignore a law they do not support or to tell a jury that it has a right to do so.

The Supreme Court in issued a decision, R. Krieger , SCC 47, [30] which confirmed that juries in Canada have the power to refuse to apply the law when their consciences require that they do so.

Within this decision, it is stated that "juries are not entitled as a matter of right to refuse to apply the lawÔÇöbut they do have the power to do so when their consciences permit of no other course".

By the late 17th century, the court's power to punish juries was removed in Bushel's Case [31] involving a juror on the case against William Penn.

Penn and William Mead had been arrested in for illegally preaching a Quaker sermon and disturbing the peace, but four jurors, led by Edward Bushell, refused to find them guilty.

Instead of dismissing the jury, the judge sent them back for further deliberations. Despite the judge demanding a guilty verdict, the jury now unanimously found Penn guilty of preaching but acquitted him on the charge of disturbing the peace and acquitted Mead of all charges.

The jury was then subsequently kept for three days without "meat, drink, fire and tobacco" to force them to bring in a guilty verdict; when they failed to do so the judge ended the trial.

As punishment, the judge ordered the jurors imprisoned until they paid a fine to the court. Four jurors refused to pay the fine, and after several months, Bushell sought a writ of habeas corpus.

Chief Justice Vaughan, sitting on the Court of Common Pleas , discharged the writ, released them, called the power to punish a jury "absurd", and forbade judges from punishing jurors for returning a verdict the judge disagreed with.

In a criminal libel case, R. Shipley , 4 Dougl. So the jury who usurp the judicature of law, though they happen to be right, are themselves wrong, because they are right by chance only, and have not taken the constitutional way of deciding the question.

It is the duty of the Judge, in all cases of general justice, to tell the jury how to do right, though they have it in their power to do wrong, which is a matter entirely between God and their own consciences.

To be free is to live under a government by law Miserable is the condition of individuals, dangerous is the condition of the State, if there is no certain law, or, which is the same thing, no certain administration of law, to protect individuals, or to guard the State.

In opposition to this, what is contended for? Under such an administration of law, no man could tell, no counsel could advise, whether a paper was or was not punishable.

A study exploring the history of juror punishment in England and Wales after Bushel's Case found no clear examples of jurors being punished solely for returning the "wrong" verdict.

The closest that a jury came to that was in , when a jury acquitted two teenage boys of arson. The boys had confessed at their pre-trial hearing but entered pleas of not guilty at their trial.

Home Office civil servants suspected the difference between the pleas could be explained by the difference between the boys' admittance that they had caused the fire and their denial that they had done so maliciously.

The trial judge did not consider that possibility or was not satisfied with it. On receiving the jury's verdict, he told them that "you have been absolutely regardless of your oath.

These men have pleaded guilty, and the evidence is of the clearest possible nature. You are none [ sic ] of you fit to serve on a Jury, but you will remain here until the end of the Sessions.

The foreman, George Lathan, considered that to a form of punishment for the jury, as the jurors were not going to be permitted to serve on any more juries but were nonetheless required to keep attending court or face contempt proceedings.

Lathan considered that a tacit form of imprisonment. Officials in the Lord Chancellor's Office noted that while the judge's conduct "was ill-judged and arbitrary, he did not, so far as I can see, do any act which would justify the Lord Chancellor in removing him from the Bench".

Home Office officials wrote to the judge, advising him that his actions "would be impossible for the Home Secretary to defend as constitutional or right", and after several days, the jurors were relieved of their duties.

Home Office minutes suggest they did not think that kind of informal punishment of jurors who had returned the "wrong" verdict to be unheard of.

Three years later a civil servant government employee named Clive Ponting leaked two government documents concerning the sinking of the cruiser to a Member of Parliament Tam Dalyell and was subsequently charged with breaching section 2 of the Official Secrets Act His main defence, that it was in the public interest that the information be made available, was rejected on the grounds that "the public interest is what the government of the day says it is", but the jury acquitted him, much to the consternation of the government.

He had argued that he had acted out of "his duty to the interests of the state", but the judge had argued that civil servants owed their duty to the government.

In the United States, jury nullification first appeared just before the American Revolutionary War , when colonial juries frequently exercised their nullification power, principally in maritime cases and cases implicating free speech.

Jury nullification became so common that many British prosecutors gave up trying maritime cases since conviction seemed hopeless.

In a well-known example of jury nullification, at the end of Wild Bill Hickok 's trial for the manslaughter of Davis Tutt in , Judge Sempronius Boyd gave the jury two instructions.

He first instructed the jury that a conviction was its only option under the law; he then instructed them that they could apply the unwritten law of the "fair fight" and acquit.

Hickok was acquitted, a verdict that was not popular with the public. Jury nullification was practiced in the s to protest the federal Fugitive Slave Act , which was part of the Compromise of The Act had been passed to mollify the slave owners from the South, who were otherwise threatening to secede from the Union.

Across the North, local juries acquitted men accused of violating the law. Secretary of State Daniel Webster was a key supporter of the law as expressed in his famous "Seventh of March" speech.

He wanted high-profile convictions, but the jury nullifications ruined his presidential aspirations and his last-ditch efforts to find a compromise between North and South.

Webster led the prosecution when defendants were accused of rescuing Shadrach Minkins in from Boston officials who intended to return Minkins to his owner; the juries convicted none of the men.

Webster tried to enforce a law that was extremely unpopular in the North, and his Whig Party passed over him again when they chose a presidential nominee in White defendants accused of crimes against blacks and other minorities have often been acquitted by all-white juries, especially in the South, even in the face of irrefutable evidence.

In the 21st century, many discussions of jury nullification center on drug laws that some consider unjust either in principle or because they are seen to discriminate against certain groups.

In the case of Sparf v. United States written by Justice John Marshall Harlan , the United States Supreme Court held 5 to 4 that a trial judge has no responsibility to inform the jury of the right to nullify laws.

In some states, jurors are likely to be struck from the panel during voir dire if they will not agree to accept as correct the rulings and instructions of the law as provided by the judge.

In recent rulings, the courts have continued to prohibit informing juries about jury nullification. In a , Fourth Circuit decision, U.

Moylan , F. Dougherty , F. In , the Sixth Circuit upheld a jury instruction: "There is no such thing as valid jury nullification.

Thomas , the Second Circuit ruled that jurors can be removed if there is evidence that they intend to nullify the law.

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