Jury Rights Day September 5, 2008

Friday marks the 338th anniversary of when jurors refused to convict William Penn of violating England's Conventicle Acts, despite clear evidence that he acted illegally by preaching a Quaker sermon. In refusing to convict Penn, the jurors ignored what they knew to be an unjust law. This is known as jury nullification.

By refusing to enforce what they knew was an unjust law, the Penn jurors served justice, and provided a basis for our First Amendment rights to freedom of speech, religion, and peaceable assembly. For refusing to find Penn guilty, the judge sent four of Penn's jurors to prison. Their exoneration fixed forever the English and American doctrine that jurors have the responsibility to decide both matters of law and fact in any case before them. Individual jurors are last line of defense for people who are prosecuted under bad laws by overzealous prosecutors and court officials.

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