Before the Declaration of Independence was written jurors in the colonies were refusing to enforce King George's laws that they considered unjust. Today that is called jury nullification.

When our founders mentioned the jury in the Declaration of Independence and instituted it as a right in the Sixth Amendment they were describing a jury that could engage in jury nullification, if necessary, to secure a just result. All of our founders, both the Federalists and Anti-Federalists, considered this an essential right to ensure liberty and justice in this country.

Today trial court judges in this state and in most other jurisdictions issue jury instructions in criminal cases that if followed preclude the right of the jury to engage in jury nullification. Progressive politicians from both major parties refer to jury nullification as a subversion of democracy. Actually, a trial court judge who gives jury instructions in criminal cases that preclude jury nullification is subverting the Constitution.

Sending a lawyer to Congress who has been a trial court judge is just sending one who does not believe in or support one of our essential constitutional rights. I believe that there are too many lawyers in Congress who not believe or support our constitutional rights.

Dr. W. David Herbert

Billings

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