Pubdate: Sat, 16 Sep 2000 Source: Denver Rocky Mountain News (CO) Copyright: 2000 Denver Publishing Co. Contact: 400 W. Colfax, Denver, CO 80204 Website: http://www.denver-rmn.com/ Author: Joe Johnson Bookmark: additional articles on Colorado are available at http://www.mapinc.org/states/co.htm JURY NULLIFICATION IS A LEGAL RECOURSE In a Sept. 9 letter, Frank Boyle argued that jury nullification is illegal and somehow in violation of a juror's oath. Obviously, this argument totally ignores the historical reasoning behind the adoption of the jury system in the first place. But there's no time for a history lesson here; we have too much work to do educating people in the present. First, Boyle stated that O.J. Simpson's was a case of jury nullification. This is simply false. No juror in that case ever argued that murder should be legal! Second, jury nullification is a legal recourse against bad laws. All attorneys, judges and, yes, lawmakers, take an oath to uphold the U.S. and state constitutions. When this oath is violated (as it is often lately), it is the responsibility of the individual governing body to impeach the violator. However, our founders knew that this is a case of the children guarding the candy dish. It is for this reason that we expect juries to acquit defendants who are charged with unconstitutional crimes. The federal drug war is a perfect example. The Ninth and 10th amendments state very clearly that the U.S. government does not have the right to outlaw anything that a person ingests, injects or inhales. (It was for this reason that alcohol prohibition was adopted by constitutional amendment; they honored the Constitution back then.) Therefore, anyone accused of a federal drug charge is constitutionally innocent, regardless of the law, and it is the obligation of the juries to vote for acquittal. It's the Constitution, people — defend it or continue to lose it! Joe Johnson Lafayette - --- MAP posted-by: Thunder