Null and Void | Radiolab

Intro

In this episode of Radiolab titled “Null and Void”, the hosts explore the powerful and controversial concept of jury nullification. They delve into the history, implications, and ethical dilemmas surrounding this legal loophole that allows jurors to disregard the law and acquit defendants based on their own beliefs. Through personal stories and thought-provoking discussions, they shed light on the complex dynamics between judges and juries, the potential for abuse or justice, and the impact of jury nullification on society.

Main Takeaways

The Power of Jury Duty

• Jury duty can give people a sense of power and a chance to experience something outside of their own lives.
• Being on a jury can be a moral and ethical puzzle.
• Falling through the trap door of jury duty can lead to accessing a whole new realm of power that can change democracy.
• The power of a jury is not just about guilt or innocence but about the power to change society.

Case of Laura Creehome

• Laura Creehome received a jury summons in the mid-90s and was selected for a trial as a juror.
• The trial was for a 19-year-old girl charged with possession of methamphetamine.
• Laura and the other 11 jurors deliberated on whether the girl was guilty of possession beyond a reasonable doubt.
• One of the key questions was whether the girl knowingly possessed the methamphetamine.

Jury Nullification: Legal Loophole

• Laura Creehome was the first juror in 326 years to be prosecuted for her verdict.
• Laura refused to convict a young woman in a drug case, despite pressure from other jurors.
• Laura argued that they could disregard the facts and ignore the law if they disagreed with it.
• This is called jury nullification, which is a legal loophole.
• Jury nullification is controversial and seen as a trapdoor to anarchy by some and a foundational bedrock of democracy by others.

Historical Significance and Battle of Power

• The William Penn trial in 1670 was the birth of religious liberty and the start of jury nullification.
• Jury nullification created a protected space called the jury room, where no one can be punished for what they do.
• The American tradition of law includes the protection of the jury room, where no one can be punished for what they do.
• Juries were seen as a way of trusting ordinary people to do the work of justice themselves.
• Over time, judges took back the power to decide what the law is from the jury, and the role of the jury stayed mostly underground.

Activism and Controversies

• Rising activism around jury nullification is happening at courthouses across the US.
• Activists, including Mark Iyana-Celly, hand out pamphlets about juror rights, encouraging jurors to vote their conscience and use their power to acquit defendants of bad laws.
• Activists come from various backgrounds, including gun rights, libertarians, and racial justice advocates.
• Activists who hand out pamphlets sometimes get arrested for jury tampering, but charges are often thrown out because it is protected free speech.

Summary

The Power of Jury Nullification

Jury duty offers individuals a unique sense of power and a chance to step outside their own lives. It presents a moral and ethical puzzle as jurors deliberate on guilt or innocence. However, the power of a jury extends beyond determining individual cases; it can shape society and challenge existing laws. The story of Laura Creehome, the first juror in centuries to be prosecuted for her verdict, highlights the concept of jury nullification. This legal loophole allows jurors to disregard the law if they believe it to be unjust, sparking debates about anarchy versus democracy.

The Historical Significance and Battle of Power

The William Penn trial in 1670 marked the birth of religious liberty and the beginning of jury nullification. It created a protected space called the jury room, where jurors cannot be punished for their decisions. Juries were once seen as a means of trusting ordinary people to administer justice. However, over time, judges reclaimed the power to interpret the law, leading to the marginalization of jury nullification. This shift raises questions about who has the authority to define the law and the need to protect the role of the jury as a democratic institution.

Activism and Controversies Surrounding Jury Nullification

Activists advocating for jury nullification have emerged, distributing pamphlets on juror rights and encouraging jurors to vote their conscience. This activism spans diverse backgrounds, including gun rights, libertarianism, and racial justice. However, these activists often face legal challenges, with some being arrested for jury tampering. While jury nullification can be a powerful tool to challenge unjust laws, it also raises concerns about the potential harm to victims and the erosion of the justice system. The debates surrounding jury nullification ultimately revolve around how society wants to be governed and the balance between individual beliefs and collective justice.

Conclusion

Jury nullification is a complex and controversial concept that challenges the traditional dynamics between judges and juries. It offers jurors the power to disregard the law if they believe it to be unjust, potentially leading to significant societal changes. While jury nullification has historical significance and has been used to protect civil rights and challenge oppressive laws, it also raises concerns about the potential for abuse and the difficulty victims may face in obtaining justice. The question of jury nullification ultimately comes down to how society wants to be governed and the delicate balance between individual conscience and collective justice.