Jury Nullification – Educating Prospective Jury Members in Ritchie County, West Virginia


Laws are either written by the rulers or the representatives of the people. Those laws written by the rulers are designed to protect ruling class while keeping the people in their place. When the rulers make the laws the people are governed by men and not by the rule of legitimate laws. Under ruler’s law the rulers reserve special privileges for themselves and their allies and people are forced to comply under the threat of violence.

Our America the founders wanted to create a classless society where everyone would be treated equally under the law. They wrote a Constitution to govern the government in order to limit the potential abuse of power by government officials.

With the ratification of the Constitution and the Bill of Rights, the states granted all authority not delegated to the United States in the Constitution to be retained by the states and the people. The powers granted by the people to the government of the United States were limited and defined, while the powers granted to the states were virtually unlimited and were no defined.

The people through their representatives were to be the rulers and the government was created to be their servant. The ultimate arbiter of the Constitution is the people, not the Supreme Court. In order to provide the people with the power to prevent unjust laws from being enforced the people retained the power to determine which laws are just and which ones are not.

This power is known as Jury Nullification. Members of the jury have a right to judge not only the guilt or innocence of the accused, but they also have the right to judge the law.

The purpose of the jury is to see to it that in every case justice prevails. If a law would deprive the defendant of justice, it is the right and responsibility of the jury members to acquit that individual of the charges against him.

The real judge in all cases is not the man or woman wearing the black robe, it is the members of the jury.