Jack Bertrand Weinstein Quotes
When juries refuse to convict on the basis of what they think are unjust laws, they are performing their duty as jurors..
Jack Bertrand Weinstein, United States Federal Judge, Considering Jury “Nullification”: When May and Should a Jury Reject the Law to Do Justice, 30 Am. Crim. L. Rev. 239, 240, 1993
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Jury nullification is when the jury believes that the defendant has committed the crime alleged, but acquits anyway because it believes the law is wrong or the defendant acted properly or justly. Most trial judges detest the concept and often tell the jury that they may not engage in the practice. However, there is a long American tradition of jury nullification dating back to colonial America. This quotation shows one of the negative aspects of nullification. See {640833}.
Ever since that decision was written, lawmakers, judges and attorneys have worked very hard to minimize its impact and allow the jury to only decide on the facts and not the law. Only Maryland today preserves the right of the jury to decide what the law means and to judge it. Authorities, even democratic ones, do all they can to prevent what is called “jury nullification”. Regardless, juries often exercise that right regardless of the judge’s instructions.
This is a very important and fundamental quotation. Jefferson, John Adams, John Jay and many other Founding Fathers told us that the jury of peers was the final arbiter of a court case. However, many modern judges and legislatures have tried to erode that principle. In most states judges instructs juries that they are the final arbiter of the facts but he/she is the final arbiter of the law and how it should be applied in the case. But the founders wanted the jury to be the final arbiters of the law as well as the facts as is illustrated here and in {640588} and {640589}. For a more modern concurring view, see {640590}
Many of our Founding Fathers held the view that the Jurors should decide not only about the facts but also they have the final decision on the law. The concept of the jury not following the judge’s interpretation and instructions as to the law is called Jury Nullification of which many of the founders approved. In modern times however, most states require the jury to accept the judge’s instructions as to the law, and the Jury’s only role is to decide on the facts. Maryland is the only state left which allows the jury to make the final decision on the law as well as the facts. However, many jurors will silently nullify the Judges instructions and vote accordingly as jurors need not explain their reasoning in most jurisdictions. See {641742}, {590841}, {591140} & {591139} for similar views by other Founding Fathers.
- Born: August 10, 1921
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Jack Bertrand Weinstein is a retired Senior United States District Judge of the United States District Court for the Eastern District of New York. Until his entry into inactive senior status on February 10, 2020, he maintained a full docket of cases.
