…in my estimation. I did not know that the Oregon Constitution specifically protects jury nullification. From a comment to the Radley Balko story linked in MadRock’s post below:
#22 | Kyle | February 8th, 2011 at 6:32 pm
Irving,That depends on where you are. The Oregon Constitution, for example, protects jury nullification (in article 1 section 16):
“In all criminal cases whatever, the jury shall have the right to determine the law, and the facts under the direction of the Court as to the law, and the right of new trial, as in civil cases.â€
The jury has the right to determine the law and is not required to accept the law “as given†by the court.