So what is jury nullification? The first question that must be determined is, What is the role of the juror? Is that role to judge the facts of the case and render a decision on the law as given by the sitting judge, or is it to determine that justice ultimately be served? Do we find at the federal level the Department of Laws or the Department of Justice?
If you sat on a jury today in Pennsylvania, in most states, and especially right here in Luzerne County that is exactly what you would need to do if you believed the words of most if not all sitting Judges. Why do I say that, sounds crazy does it not? Unfortunately, not so. The Judge will instruct the jury that it must uphold the law as he or she gives it. The Judge will be lying. The jury must judge the law as well as the facts.