Jury Nullification

[Gordon Becker]

The jury has the right, according to rulings by the US Supreme Court, to decide cases according to their conscience and are not bound to follow the law as it is interpreted by the judge, or anyone else. But the Supreme Court has also ruled that judges do not have to tell the jury of their rights. The Constitution does not give the legislature, executive, or judicial branches any power to limit the power of the jury but judges and legislators have passed rules and laws that reduce the jury to fact finding only. This has eliminated the essential function of the jury.
Many groups throughout the United States have tried to get amendments to state Constitutions that require judges to tell jurors of their historical right to decide the case before them according to their own conscience and to recognize that they are not bound by the judge's instructions and interpretation of the law which is given as an aid but not an order. I would like to see our state constitution amended to include a "jury bill of rights" that requires judges to tell jurors of their constitutional rights and powers and that makes explicit the constitutional limitations forbiding the judicial and legislative branches from passing any laws or rules that limit the rights or powers of the jury. It will take a vote of the people to accomplish this since the legislators and judges do not want to give up the unconstitutional powers they have illegally acquired.

[Peter Kay]

Aloha Gordon,

I think this is an excellent post. Can you please re-post it in the Government Reform group? I'm trying to reserve this group for technical discussions (e.g. How do I post to my blog?).

Thanks for your Mana'o!

[Gordon Becker]

The July 3, 2008 issue of the Maui Weekly included a half page by Governor Linda Lingle on page 15 with the headline "A Con Con Would be Beneficial for the Entire State". She noted that "In 1996 Hawai'i voters cast more "yes" than "no" votes in support of a con con. However, that year the Hawai'i Supreme Court ruled that blank ballots be counted as "no" votes. Consequently, a con con hasn't been held in our state since 1978."
She also stated that Lt. Gov. Aiona is heading a committee studying the costs of a con con, that a report will be made by Aug 1 2008, and that "Residents can provide their comments to the task force at [e-mail]"