(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . Jury Nullification: A Mitigator in America’s Culture Wars [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2023-06-07 Political polarization in American politics has been a hot topic in the U.S. for decades as it continues to increase. Regardless of who you blame (biased news media, gerrymandering, conspiracy theories, or any combination of former presidents) the fact remains Americans are as polarized as any other time in U.S. history. We even have the world beat as the U.S. is politically polarizing at higher rates than other democracies. This is concerning because increased political polarization rarely leads to good outcomes for countries. In fact, the spectrum of consequences is quite pessimistic. Anchoring the best outcome is that political polarization simply leads to the erosion of trust in governmental institutions and the political process itself. Sound familiar? At worst, political polarization can lead, and often does, to civil war. Dystopian philosophizing aside, there are real policy implications to political polarization. There is political brinksmanship which was most recently seen, and will continue to be seen, in debt ceiling negotiations. There’s also the constant whiplash of parties gaining majorities in Congress, passing legislation, only to have that legislation clawed back when the next party takes over in two-year increments. But the most sinister policy implication of political polarization is culture war policy—and we’re seeing a lot of it. You’ve probably heard the terms: snowflake, woke, tribalism. Culture wars essentially pit values, morals, and ideologies against opposing viewpoints in “winner takes all” fashion. There is no grey area or room for ambiguity in culture wars. There is a simple binary option. You are either with “us” or against “us.” But while culture wars tend to be limited to hyperbolic media quick cuts or political campaigns, culture war policy takes these irrational positions or fears and installs them into legislative and statutory language. It’s a dangerous practice that, when coupled with increased political polarization, can speed up the deterioration of democracy. Culture war policy is particularly concerning for minorities and historically oppressed people. By definition, minorities are numerically vulnerable to the whims and decisions of the majority population. Historically oppressed people, also by definition, tend to have an uphill battle in convincing in-groups or those in power to empathize with their cause. This should be concerning to progressive, liberals, or supporter of “the oppressed” because institutionally speaking the assumed party of alignment (Democratic Party) is at an institutional disadvantage in nearly all facets of government. The Supreme Court remains majority conservative and years of ignoring federal judicial nominations by the Democrats means conservatives have a distinct advantage in years to come on the lower courts. State legislatures lean overwhelmingly conservative, again in part due to Democrats ignoring down ballot votes. This is problematic because the vast majorities of laws in the U.S. that impact citizens directly are at the state level. And while Democrats have won the popular vote in 7 out of 8 Presidential Elections dating back to 1992, the Electoral College (it too a remnant historical tool of oppression!), keeps republic-style democracy intact. This combination of institutional advantages has led to a wave of Republican culture war policies. Most notably, there is the Dobbs v. Jackson Women’s Health Organization decision which stripped federal protections to abortion access. This was followed swiftly by a host of state laws signed by Republican governors clawing back the right to an abortion. Presidential candidate Ron DeSantis has also made waves for signing into law legislation that bans teaching the historical impact of U.S. policies on race in America. The Tennessee legislature has targeted and banned drag performances—with nine other legislatures having similar bans drafted. Finally, the lives of trans people are under attack as an unprecedented maelstrom of hate and disdain for their very existence surges across the U.S. If reading all of this makes it feel like there is an uphill battle to achieve the equality dreamed in the “Great American Experiment” that’s because it is simply reality. Absent some unpredictable wave of Supreme Court or federal court rulings, Presidential Executive Orders, or Michelle Obama running for office (kidding!) the likelihood is that Republicans will maintain the institutional advantage in culture war policy. The question then is, what can the average citizen do to fight against the torrent of oppressive bills that will likely continue to be passed? The most obvious solutions worth mentioning involve the typical host of civic responsibilities: voting and paying attention to local elections, contacting your representatives to express your opinion on current affairs, or running for office if you’re simply fed up with “the system.” But a far lesser-known civic route to dismantling oppressive laws and influencing policy in America is jury nullification. Jury nullification allows jurors, based on their own sense of justice and morality, to refuse to follow the law and acquit a person charged with a crime the jurors deem immoral—even when the evidence presented shows guilt beyond a reasonable doubt. Jury nullification has a rich history as a tool of American civic disobedience. The process, rooted in English common law, has been used to oppose oppressive British rule during the American Revolution, morally oppose prosecutions of those charged under the Fugitive Slave Act, and protest the public’s perceived stupidity of the Volstead Act which banned sales of alcohol nationwide. It has been consistently upheld as an American tradition and legitimate exercise of juror rights by the Supreme Court. In 1895 Supreme Court Justice Marshall Harlan noted that a judge can give juror instructions, but jurors can disobey them. Other federal courts have noted that jury nullification equates to the “conscience” function of the jury. As recently as last year courts have defended citizen’s rights to hand out pamphlets about jury nullification outside of courthouses. Importantly, jury nullification isn’t a solution to systemic oppression or unjust laws. It is unrealistic to expect every citizen to be aware of this power and then use it while a juror. Instead, jury nullification is but one tool that can be used to defy unjust laws that are being weaponized against our communities. And while the systemic numbers seemed stacked against this crusade the reality of the matter is it takes just ONE juror to reject an unjust prosecution. In response, prosecutors may very well think twice about charging individuals under any host of draconian laws passed recently for fear of an acquittal or unalignment with the local community’s values. Now, more than any other time in modern American history, culture war policies are being passed with disturbing consistency. As a result, some citizens mere existences are being criminalized. If the idea of criminalizing someone’s existences, health care decisions, free speech, literature or teaching choices, or artistic expression seems un-American to you then you should choose to acquit. Jury nullification allows you to reject unjust criminal charges and send a message that America will not stand for legislated oppression. [END] --- [1] Url: https://www.dailykos.com/stories/2023/6/7/2173808/-Jury-Nullification-A-Mitigator-in-America-s-Culture-Wars Published and (C) by Daily Kos Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/dailykos/