Journal of Libertarian Studies

The Rise and Fall of Jury Nullification

The Journal of Libertarian Studies

The United States Constitution guarantees the right to trial by jury in both civil and criminal cases. This article will discuss the history of trial by jury as an aid to revealing what the framers and ratifiers of the Constitution meant when they guaranteed that right. In the process, it will also address the following questions: 1. Did the Constitution give juries the right to judge the law as well as the facts?

2. If so, to what extent is this right still recognized?

3. What is the constitutional basis of judicial decisions nullifying that right?

4. Why has the right been denied or limited?

5. What are the ramifications for the future of jury trials?

Volume 15, Number 2 (2001)


Ostrowski, James. “The Rise and Fall of Jury Nullification.” Journal of Libertarian Studies 15, No. 2 (2001): 89–115.

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