Ignoring the right to ignore the law in Indiana

posted by
February 28, 2011
People v. State
by John Kindley  
Posted in Commentary

"The jury undoubtedly has the constitutional 'right to determine the law and the facts.' But a jury of course has no right to 'ignore' the facts in a case, and if it renders a guilty verdict that is unsupported by the facts the trial court is obligated to set aside the verdict. Nor, heaven forbid (despite the implication in the title of this post), does the jury have the right to ignore 'the law.' But what is 'the law?' An unjust law is no law at all, and the jury has the right and the duty to determine whether 'the law' the court instructs it to apply is just and therefore in fact the law." (02/27/11)



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