A former Justice Department employee who threw a sandwich at a federal agent during President Donald Trump’s law enforcement surge in Washington has been found not guilty of assault.
Judges are bound by the Separation of Powers. A judge who refuses to apply a legislated law against a particular defendant would (effectively) be exercising powers of the legislature. The judge cannot do this, nor can they advise a jury that this can be done, or otherwise enable the jury to do this.
However, a juror is not bound by the separation of powers. They are not an agent of the government. They are laypersons. Members of “We The People”, who are the same authority that gives us the Constitution.
It is not illegal for a juror to determine that the legislature failed to consider a particular defendant’s specific circumstances when they established a law, and exercise their constitutional authority in finding that defendant not guilty of having violated that law.
Judges are bound by the Separation of Powers. A judge who refuses to apply a legislated law against a particular defendant would (effectively) be exercising powers of the legislature. The judge cannot do this, nor can they advise a jury that this can be done, or otherwise enable the jury to do this.
However, a juror is not bound by the separation of powers. They are not an agent of the government. They are laypersons. Members of “We The People”, who are the same authority that gives us the Constitution.
It is not illegal for a juror to determine that the legislature failed to consider a particular defendant’s specific circumstances when they established a law, and exercise their constitutional authority in finding that defendant not guilty of having violated that law.