Juries

 

The June 6 Sun Herald article “Kids find case against Big Bad Wolf weak” was an encouraging example of our children being given a good lesson in self-government.

 

The article described how a mock trial of the “Big Bad Wolf” for blowing down the houses of two of the three pigs was conducted with 150 second and third grade children acting as jurors.

 

It was heartening to see that many of the children were independent enough to declare the wolf innocent, citing the fact that the prosecution never proved its case.

 

I’m wondering, though, if the law clerks who put on the demonstration took the time to explain to the kids that in a courtroom, the JURY is the highest power.  

 

In our system, JUSTICE is supposed to be the end served by all means.  Consequently, each case must be decided on its own merits.

 

To ensure that justice, and not simply the law, is served, the jury must (and does) have the power to judge not only the facts presented in the case, but the application of the law in that case as well.

 

This means that even though a defendant may clearly be guilty of violating the law in question, if the jurors do not believe the law to be just, or believe it should not be applied in this particular case, then they not only have the right, but they have the DUTY, to justice, to declare the defendant innocent.

 

Currently, lawyers are forbidden to inform jurors about their power, and judges (no doubt with honorable intentions) routinely mislead jurors by telling them they must only judge the facts in a case, and not the law.

 

As a result, uninformed jurors often commit acts of injustice against their fellow citizens by convicting them of a “crime” that they themselves do not recognize.