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