The right of a jury to decide a case according to conscience, described in the US literature as
“jury nullification”, has always been something of a dark secret in English criminal justice; tolerated but ideally not mentioned in public. Juries have the power to return what is condescendingly called a “perverse verdict” but are never told this by judges in case it encourages them to do so. Trudi Warner’s offence seems to be to have let this particular jurisprudential cat out of the bag.
The “secret power” of jury nullification, as set out by
Sonali Chakravarti, professor of government at Wesleyan University and author of
Radical Enfranchisement in the Jury Room and Public Life, is as an effective weapon both “against the tyranny of the state” and “against the tyranny of police officers”. Indeed, one of the most potent justifications for independent jury decision-making is as an antidote to the endemic and institutional corruption of decision-making by police, prosecutors and professional judiciaries, to which “no country is immune”.
Richard Vogler@the Guardian