July 29, 2015—Occupy activist Mark Iannicelli was arrested for distributing jury nullification information to jurors outside the Lindsey-Flanigan Courthouse in Denver, Colorado.
From the Fully Informed Jury Association (FIJA):
“I understand from another person who was at the courthouse at the time that two pieces of jury nullification literature were being handed out that day: FIJA’s True or False? brochure and a flyer from another organization. He reported that the arrest took place on the second day of a planned three-day outreach effort, and that jury rights educators had previously been handing out literature in Westminster, Colorado with no issues.”
Jury nullification is when a juror or multiple jurors force a “not guilty” verdict regardless of the evidence because they deem the law unjust or unfairly applied. It’s an American tradition, but also largely unheard of in today’s society. The justice system doesn’t inform jurors of this principle, so activists around the country hand out informative pamphlets usually near courthouses.
Should handing out jury nullification brochures near courthouses be protected by the 1st Amendment? Comment below!
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