Don't Let Judges Lie to Juries about Conscientious Acquittal/Nullification

Recommendable! When judges attack the moral duty or responsibility of jury nullification! Looks like the Maryland Court of Appeals engaged here in some dubious legalistic hair splitting!

"... In response, the circuit court orally instructed the jury as a whole, among other things, that the jury could not engage in jury nullification, jury  nullification is improper, contrary to the law, and would violate the jury’s oath, and jury nullification would violate the court’s order and that the jury must apply the law as explained by the court. ...

We [MD Court of Appeals] hold that, despite the circumstance that jury nullification occurs, jury nullification is not authorized in Maryland and a jury does not have a right to engage in jury nullification. No case, statute, or rule in Maryland authorizes or gives juries the right to engage in jury nullification, i.e., there is no grant of authority permitting a jury to nullify.

Rather, Maryland case law makes clear that it is improper for an attorney to argue jury nullification to a jury, and that jury instructions on the law are binding and trial courts must advise juries as much. On request, during voir dire, a trial court must ask whether any prospective jurors are unwilling or unable to comply with the jury instructions on certain

fundamental principles. In addition, a verdict resulting from jury nullification is analogous to the return of legally inconsistent verdicts [?] because in both instances a jury acts contrary to a trial court’s instructions as to the proper application of the law and both occurrences are impermissible. Taken together, these principles lead us to conclude that jury nullification is not authorized in Maryland. Stated otherwise, although a jury may have the ability to nullify, and we recognize that jury nullification occurs, a jury does not have the right to engage in jury nullification. ..."

"... The Maryland Court of Appeals’ [1/29/2021] endorsement of the novel (and false) proposition that juries may not acquit against the evidence—and its prospective instruction that state trial judges repeat that misrepresentation of the law to juries—represents a brazen usurpation of the jury’s power. ..."

Don't Let Judges Lie to Juries about Conscientious Acquittal | Cato Institute