This Week in Jury History...

TWO Constitutional Amendments

Dear John,

This week in jury history we celebrate TWO amendments to the United States Constitution that were brought us in part by hero jurors exercising their right of jury nullification! Do you know which two I'm talking about?

Hint: I covered both in my TEDx talk this past January!

Jury Duty Is for Heroes
at TEDxHieronymusPark

Repeal of Prohibition
On 5 December 1933, the 21st Amendment to the United States Constitution, repealing the 18th Amendment, was ratified. It essentially left alcohol regulation up to the states, substantially rolling back the 13-year failed—even deadly—experiment in prohibition that had been conducted by the federal government.

But before the legislative remedy, there were hero jurors leading the way to liberty with their power of jury nullification! Earlier this year, FIJA Vice President Robert Anthony Peters and I discuss that on FIJA's Behind Closed Doors podcast. Click the button to listen to this episode. We share a number of funny Prohibition era stories of jurors conscientiously protecting their neighbors from alcohol-related criminal charges.

Jury Nullification in the Prohibition Era

Emancipation

On 6 December 1865, the 13th Amendment, prohibiting slavery or involuntary servitude except as punishment for a crime, was ratified. As with Prohibition, jurors helped pave the way for this important step in United States history.

The Fugitive Slave Act was a key piece of a legislative package passed before the Civil War. This set of bills was designed to perserve slavery while keeping the country united. But many jurors refused to be complicit in enforcing it.

Instead, many conscientious jurors exercised their right of jury nullification to protect those who broke the law by aiding and abetting fugitives. Two of the most famous sets of such cases include the Shadrach Rescue Cases, related to the rescue of Shadrach Minkins, and the Jerry Rescue Cases, related to the rescue of William "Jerry" Henry.

Learn about:

the Jerry Rescue Cases in my TEDx talk entitled Jury Duty Is for Heroes
the Shadrach Rescue Cases in Gary Collison's paper entitled "This Flagitious Offense": Daniel Webster and the Shadrach Rescue Cases, 1851-1852

For Liberty, Justice, and Peace in Our Lifetimes,

Executive Director
Fully Informed Jury Association

P.S. We'd love for you to join us this evening for our 15 Minutes with FIJA Zoom Session. Tonight we'll be covering this week's Supreme Court hearing regarding another jury unanimity case, updates regarding the Breonna Taylor homicide grand jury situation, changes in California regarding jury selection that could be a harbinger of things to come in courts around the country, and the massive number of courts that have suspended trial by jury—some INDEFINITELY.

Click the link below to register and attend any or all of our three December sessions.

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