For months, Julian Heicklen, a septuagenarian libertarian, has been distributing pamphlets about jury nullification in front of federal courthouses. He has been arrested on numerous occasions at the district court in Manhattan. Each arrest has seen Heicklen going limp and being carried or dragged away by federal officers. But he kept coming back.
Heicklen’s pamphlets were not about any specific case, but explained the power of juries to acquit people who appear to have violated laws the jury considers unjust. Jury nullification has helped set free William Penn, John Peter Zenger, fugitive slaves, and violators of alcohol prohibition. More recently a Montana man arrested for possessing a very small amount of marijuana went free because the state was unable to seat a jury that might convict him. Jury nullification clearly holds potential to be a substantial check on government power.
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James Tuttle,
Regular Columnist, THL
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