-By Don Boys, Ph.D.
A judge usually tells a jury that they can decide the facts in the case before them but he will decide the law. That is not correct. Juries have the final decision as to fact and law. They are more powerful than the Governor or President since those officials can only pardon after a guilty verdict. A jury can affirm that there is no guilt! Of course, that strikes at the heart of a judge’s authority, and most of them resent it, ridicule it, and will resist it whenever possible.
We have seen a spat of cases in past years where admittedly guilty people have been declared “not guilty” by a sympathetic jury. That is jury nullification when a jury, in essence, ignores an unjust law.
notorious case involved the Bobbits of Virginia. She mutilated her husband while he slept because he “raped” her. She complained that he was always sexually satisfied while she was never satisfied. Well, her mutilation of him sure didn’t help that problem! Now, neither of them is satisfied. She did the crime (and if anything is a crime, that is), yet a sympathetic jury found her not guilty.
Should Christian Jurors Disregard Judges’ Instructions?”