Judge Napolitano on Jury Nullification as a Bulwark Against Tyranny

When you think about it, the twelve person jury is itself a bulwark against tyranny. – Judge Andrew Napolitano

From “The Natural Law as a Restraint Against Tyranny”, a lecture given at at the Mises Circle in Costa Mesa, California, 8 November 2014, by Judge Andrew P. Napolitano.  Click here to see the rest.

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2 Responses

  1. “…Most Constitutionalists favor the jury system, provided jury nullification (a juror’s right to judge a law as unjust, oppressive, or inapplicable to any particular case) is in force. However, even if jury nullification were restored, juries would still render decisions based upon each jury’s collective standard of morality or immorality. “A jury drawn from the [Biblically] uninstructed population is no better equipped to administer the just requirements of God’s law than a corrupt judge.”35 A jury awarded $2.3 million to Stella Liebeck when she burned herself with McDonald’s coffee, and a jury found O.J. Simpson innocent on all charges. Although it might be argued that it only takes one juror to dissent and prevent a “railroad job,” most people lack the independence and resolution to resist the will of a majority. More often than not, today’s jurors reflect the type of people we are warned against in Exodus 23:

    ‘Thou shalt not follow a multitude to do evil; neither shalt thou speak in a cause to decline after many to wrest judgment.’ (Exodus 23:2)

    “Juries produce, at best, erratic justice. Without Yahweh’s law as the standard, jury decisions are based upon the capricious morality of its members. Nothing demonstrates this better than Jesus’ trial by a jury of His peers with Pontius Pilate presiding. The prevailing immorality of the day demanded Jesus be crucified even though He was clearly innocent.

    ‘The character of the courts, judges, and legal system cannot be long maintained if the character of the people is delinquent and degenerate. Courts and judges do not exist in a vacuum: they are part of the faith, culture, and moral standards of the people at large, of the nation of which they are a part.’36

    ‘And there shall be, like people, like priest: and I will punish them for their ways….’ (Hosea 4:9)

    “The constitutional right of a trial by a jury of “impartial” peers is regarded by Americans – especially Christian Constitutionalists – as one of the last bulwarks against tyranny. If this is true, Yahweh (who is unquestionably a God of justice and liberty) would have included juries somewhere in His perfect law and righteous judgments. Surely, one of the reasons He did not provide for them is that juries (like elections) place government policy and juridical determinations in the hands of an unpredictable and unequally yoked public, the majority of whom are not Christian (Matthew 7:13)….”

    For more, see online Chapter 3 “The Preamble: WE THE PEOPLE vs. YAHWEH” of “Bible Law vs. the United States Constitution: The Christian Perspective” at http://www.bibleversusconstitution.org/BlvcOnline/biblelaw-constitutionalism-pt3.html.

    Then find out how much you REALLY know about the Constitution as compared to the Bible. Take our 10-question Constitution Survey at http://www.bibleversusconstitution.org/ConstitutionSurvey.html and receive a complimentary copy of a book that EXAMINES the Constitution by the Bible.

  2. Rob says:

    Today, as with any period of time, if left to the general public to decide a matter – you will get a varied response based on who you ask and their ‘human’ conditioning. Fact is, unless our minds are renewed to thinking as God would, we’re left with a roll of the dice and happenstance including desire to get home will play into mans decision process because he generally worships false idols and will have prejudices in judgment.