The Maryland Court of Appeals’ endorsement of the novel (and false) proposition that juries may not acquit against the evidence—and its prospective instruction that state trial judges repeat that misrepresentation of the law to juries—represents a brazen usurpation of the jury’s power. No matter how much some judges may dislike jury nullification, letting them lie to juries to prevent the conscientious acquittal of a defendant is unconstitutional.
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Judges should not be allowed to hide jury nullification. Zenger must be rolling over in his grave.