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than to convict one innocent

results. . . Whethertheyare[mi-

in a trialin whichhe represented

one. Accordingly,the system

noritieslwho believethe system

himself. Many commentators

providesthe criminaldefendant

is stackedagainstthem,liberta-

have also questionedwhether

with an almostimperviouspre-

rianswho abhorthe overbearing

the predominantly blackjuryac-

sumptionof innocence,one

handof government or someone

quittedO.J.Simpsonbecause of

which can be penetratedonly

else altogether,these jurors

his racewhenhe was foundnot

wherethe stateprovesthe con-

[choose]to ignorea judge'sins-

guiltyfor the murdersof his ex-

trarybeyonda reasonable doubt

tructionsto punish those who

wife Nicole Simpsonand her

to a super-majority of the defen-

breakthe law . . ."

friendRonaldGoldman.

dant's peers. This standardof

lf the readerfindsthe notion

Whileacquitting on the basis

proofrequiresthat no defendant

of rejectingthe law disconcer-

of raceis perhapsthe mostcon-

be convictedunlesssevenof the ninejurorsare "extremely"cer-

ting, then consideryourself,hy-

troversialinstanceof jury nullifi-

pothetically, on the jury of lictor

cation, Valjeanand Kevorkian

tain of the defendant'sinvolve-

appearto be casesthat appeal

ment in the illicit events. lt

Hugo'sJeanValjean.In the closing argument, the "fiscal"ple-

shouldbe underscored that the-

adsthat you enforcethe letterof

senseof morality.The ditficulty

se protectionsenjoyedby the

the law by sendingthe twenty-

of this line-drawing becomesre-

defendantamountto an excee-

five-year-oldValjeanto prison

adilyapparent.Oncea student

dinglysteep hurdlefor the pro-

for 5 yearsfor stealinga loaf of

of thejudicialsystemrecognizes

secution.

breadfor hiswidowedsisterand

that she maysubstituteherown moraljudgment in onecase,it is

anotherview in supportof the

her sevenstarvingchildren.Assume that the "fiscal"has pro-

quite hypocriticalto condemn

existenceof the jury system.

ven beyonda reasonable doubt

anothercitizenfor disregarding

These scholarscontend,quite

that Valjeandid in fact stealthe

the law in a casethat appealsto

controversially, that the jury sys-

bread and that necessityis no

the latter'smoralconviction.

tem arms each citizen, each

defenseunderthe law. Would

It is quite possiblethat the

juror,witha verypoprospective

you not be temptedto substitute

case againstMikel Oteguimay

werfulweapon,one referredto

your own moral judgmentfor

be understoodiñ this light. ln

as jury nullification. Jury nullifi-

that of the law? A recentnon-

this case,a juryacquittedOtegi,

cationhasbeenunderstood as a

fictionexampleof jury nullifica-

a young Basquenationalist, of

tool thatturnsthejury box intoa

tion is the case of Dr.Jack Ke-

the murdersof lñaki Mendiluze

venue for registeringdissent,

vorkian("Dr.Death"),who was

morepowerfulthan one vote at

found not guiltyof assistedsui-

an{ José GonzálezVillanueva, two "ertzainas"on the ground

the polls and more effectiveat

cide in multipletrialsbeforehe

that he lackedcriminalintent.

producingtangible,satisfactory

was finallyconviciedlast month

ThejuryfoundthatOtegi,whom

A minorityof scholarsoffer

more universally to a'collective


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