Daniel Webster was an American lawyer and statesman who represented New Hampshire and Massachusetts in the U.S. Congress and served as the 14th and 19th U.S. Secretary of State under Presidents William Henry Harrison, John Tyler, and Millard Fillmore. Webster was one of the most prominent American lawyers of the 19th century, arguing over 200 cases before the United States Supreme Court in his career. During his life, Webster had been a member of the Federalist Party, the National Republican Party, and the Whig Party. He was among the three members of the Great Triumvirate along with Henry Clay and John C. Calhoun.
John Caldwell Calhoun was an American statesman and political theorist who served as the seventh vice president of the United States from 1825 to 1832. Born in South Carolina, he adamantly defended American slavery and sought to protect the interests of white Southerners. Calhoun began his political career as a nationalist, modernizer and proponent of a strong federal government and protective tariffs. In the late 1820s, his views changed radically, and he became a leading proponent of states' rights, limited government, nullification, and opposition to high tariffs. Calhoun saw Northern acceptance of those policies as a condition of the South's remaining in the Union. His beliefs heavily influenced the South's secession from the Union in 1860 and 1861. He was the first of two vice presidents to resign from the position, the second being Spiro Agnew, who resigned in 1973.
Jury nullification, also known in the United Kingdom as jury equity or a perverse verdict, is when the jury in a criminal trial gives a verdict of not guilty even though they think a defendant has broken the law. The jury's reasons may include the belief that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. Some juries have also refused to convict due to their own prejudices in favor of the defendant. Such verdicts are possible because a jury has an absolute right to return any verdict it chooses.
John Peter Zenger (October 26, 1697 – July 28, 1746) was a German printer and journalist in New York City. Zenger printed The New York Weekly Journal. He was accused of libel in 1734 by William Cosby, the royal governor of New York, but the jury acquitted Zenger, who became a symbol for freedom of the press.
The nullification crisis was a sectional political crisis in the United States in 1832 and 1833, during the presidency of Andrew Jackson, which involved a confrontation between the state of South Carolina and the federal government. It ensued after South Carolina declared the federal Tariffs of 1828 and 1832 unconstitutional and therefore null and void within the sovereign boundaries of the state. However, courts at the state and federal level, including the U.S. Supreme Court, repeatedly have rejected the theory of nullification by states.
Worcester v. Georgia, 31 U.S. 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional. The opinion is most famous for its dicta, which laid out the relationship between tribes and the state and federal governments. It is considered to have built the foundations of the doctrine of tribal sovereignty in the United States.
The Fully Informed Jury Association (FIJA) is a United States national jury education organization, incorporated in the state of Montana as a 501(c)(3) not-for-profit organization. It works to educate citizens on their authority when they serve as jurors. FIJA's stated aims are to educate the public, provide commentary on current jury-related cases, and assist defendants with jury authority strategies — including the right to veto bad laws and the misapplication of laws by refusing to convict the defendant. The organization was formed in 1989 by Larry Dodge, a Montana businessman, and his friend Don Doig. It was formed following discussions about forming such a group at the National Libertarian Party convention in Philadelphia in 1989.
Thomas Cooper (1764–1829) was a Delaware lawyer and politician who was a Federalist member of the United States House of Representatives. He served in the Thirteenth and Fourteenth Congresses.
Cooper v. Aaron, 358 U.S. 1 (1958), was a landmark decision of the Supreme Court of the United States that denied the school board of Little Rock, Arkansas the right to delay racial desegregation for 30 months. On September 12, 1958, the Warren Court delivered a decision that held that the states are bound by the Court's decisions and must enforce them even if the states disagree with them, asserting the judicial supremacy established in Marbury v. Madison (1803). The decision in this case upheld the rulings in Brown v. Board of Education and Brown II that had held that the doctrine of separate but equal was unconstitutional.
Laura Jean Kriho was an American cannabis legalization advocate and was also known for her part in a jury nullification trial in the mid-1990s. Kriho was also involved in the Cannabis Therapy Institute and in the push for the adoption of Amendment 20 in the Colorado Constitution. She advocated against Colorado Amendment 64, however, which she viewed as not true legalization. She petitioned the state with her own cannabis legalization language but never went for ballot title/signature collection.
Robert James "Bob" Conrad Jr. is a senior United States district judge of the United States District Court for the Western District of North Carolina. He served as chief judge from 2006 to 2013 and was a former nominee to the United States Court of Appeals for the Fourth Circuit to take the place of the retired James Dickson Phillips Jr. He previously served as a member of the executive committee of the Judicial Conference of the United States from 2016 to 2020.
In the United States, jury nullification occurs when a jury in a criminal case reaches a verdict contrary to the weight of evidence, sometimes because of a disagreement with the relevant law. It has its origins in colonial America under British law. The American jury draws its power of nullification from its right to render a general verdict in criminal trials, the inability of criminal courts to direct a verdict no matter how strong the evidence, the Fifth Amendment's Double Jeopardy Clause, which prohibits the appeal of an acquittal, and the fact that jurors cannot be punished for the verdict they return.
A shadow defense is a legal defense that cannot be sustained on its own merits but opens the door to introducing evidence that will assist in seeking jury nullification, and gives the jury an excuse to acquit. A "shadow defense" also may refer to a tactic by defending counsel that is not expected to be successful as a matter of law; it is, instead, a pretext for bringing information into the court that would otherwise be irrelevant and therefore inadmissible.
A stealth juror or rogue juror is a person who, motivated by a hidden agenda in reference to a legal case, attempts to be seated on the jury and to influence the outcome. Legal scholars believe that lawyers can identify stealth jurors by paying close attention to non-verbal behavior connected with deception and identifying discrepancies between answers to oral voir dire and written questionnaires. A potential stealth juror may be hard to read and excessively reserved. The potential for stealth jurors to nullify death penalty statutes has prompted calls to eliminate the requirement of a unanimous verdict in jury trials. On the other hand, the argument has been raised that stealth jurors can serve as a defense against bad laws.
A citizen's right to a trial by jury is a central feature of the United States Constitution. It is considered a fundamental principle of the American legal system.
Jury selection in the United States is the choosing of members of grand juries and petit juries for the purpose of conducting trial by jury in the United States.
The Proclamation to the People of South Carolina was written by Edward Livingston and issued by Andrew Jackson on December 10, 1832. Written at the height of the Nullification Crisis, the proclamation directly responds to the Ordinance of Nullification passed by the South Carolina legislature in November 1832. Its purpose was to subdue the Nullification Crisis created by South Carolina's ordinance and to denounce the doctrine of nullification.
Richard Henry Timberlake Jr. was an American economist who was Professor of Economics at the University of Georgia for much of his career. He became a leading advocate of free banking, the belief that money should be issued by private companies, not by a government monopoly. He wrote about the Legal Tender Cases of the U.S. Supreme Court in his book Constitutional Money: A Review of the Supreme Court's Monetary Decisions.
Thomas MacGillivray Humphrey was an American economist. Until 2005 he was a research advisor and senior economist in the research department of the Federal Reserve Bank of Richmond and editor of the bank's flagship publication, the Economic Quarterly. His publications cover macroeconomics, monetary economics, and the history of economic thought. Mark Blaug called him the "undisputed master" of British classical monetary thought.
Don Doig is the co-founder of the non-profit group Fully Informed Jury Association in Montana, which was set up to inform Americans about their rights as jurors as well as personal liberties. He was the national coordinator for the organization. He is associated with the Jefferson River Coalition. He is also a former Libertarian Party candidate. He also wrote He Who Pays the Piper: Federal Funding Of Research, and was an associate policy analyst at the Cato Institute.
