The potentiality of applying “jury nullification” opened the door to defiance, in a society constructed upon recognition, application and enforcement of “the law”; but of course, one may argue that such wholesale rejection of a conceptual construct deemed immoral or otherwise unfairly prejudicial, is itself a moral judgment which is allowable. Would anyone argue that a jury which refused to convict during a trial in a repressive and totalitarian regime — say, in North Korea today, or during the Stalinist era — constituted “jury nullification”? Or, would one simply declare that “the people” rightly and collectively decided to “stand up” against injustice, and applied a higher standard of the law — one which transcends the state’s attempt to impose […]