It's a violation of the jury's duty to render a verdict based on the law and the facts presented.
Who assigned the jury that duty? And when did that happen?
Per http://law2.umkc.edu/faculty/projects/ftrials/zenger/nullifi... and other sources that I have seen, the understanding of the law when the Constitution was written was that juries should judge both the law and the facts. The view that they should not judge the law only arose decades later in the late 1800s. The fact that the legal profession today sees jurors as having a duty to NOT judge the law I see as undermining the intent of having jury trials in the first place.
The understanding of jury trials when the Constitution was written was that juries had a right and obligation to judge both the law and the facts. The first laws
Who assigned the jury that duty? And when did that happen?
Per http://law2.umkc.edu/faculty/projects/ftrials/zenger/nullifi... and other sources that I have seen, the understanding of the law when the Constitution was written was that juries should judge both the law and the facts. The view that they should not judge the law only arose decades later in the late 1800s. The fact that the legal profession today sees jurors as having a duty to NOT judge the law I see as undermining the intent of having jury trials in the first place.
The understanding of jury trials when the Constitution was written was that juries had a right and obligation to judge both the law and the facts. The first laws