I have written many times before about the practice known as jury nullification, where juries exercise their right to acquit people of violating a law even if they are plainly guilty. Juries do not have to give any reason for their action but the reason juries do this is usually because they feel that the law is unjust or was applied arbitrarily and punitively or that the accused had justifiable reasons for their actions. It was because of juries refusing to convict despite the evidence and the law that we now have basic freedoms like freedom of speech, of the press, of assembly, and free exercise of religion. I would strongly recommend reading this post from 2007 where I discuss how important this right of juries is and its history.
There have been other cases recently (see here, here, here, and here) that suggest that grand juries are becoming reluctant to indict people who have been targeted by Trump’s ICE thugs and department of justice. This is significant because usually grand juries proceedings are heavily slanted in favor of the prosecutor and juries tend to go along with whatever they want. There is an old joke that because of the low standard of proof required in grand juries, any prosecutor should be able to get a grand jury to indict a ham sandwich.
The fact that so many are refusing to do so is a good sign.
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