Yes, it can be tough, but I think we're gaining some momentum. We have seen some high profile coverage of jury nullification, the issue, as well as jury nullification cases in the national media in recent years.
It's one thing to hand a juror a brochure as they walk into a courthouse and expect them to act on it if appropriate when they serve on a jury that week. That actually does have some success. I have a picture of jurors lined up outside the Hall of Justice in San Diego reading FIJA literature while they wait to get inside the very same week that a medical marijuana case had a hung jury or acquittal (I can't recall which off the top of my head) AND Jeff Olson was acquitted of thirteen charges of so-called 'vandalism' for chalking anti-Bank of America messages on a public sidewalk outside of a Bank of America in a town that has at least one city-sanctioned chalk are festival.
But our larger goal is to reintegrate knowledge of jurors' right to conscientiously acquit back into our culture. It used to be just general common knowledge that jurors could do this, somewhat along the lines of how we all know we could one day be called for jury duty in today's culture. That was actually part of the basis for a Supreme Court ruling that began chipping away at this cultural knowledge. In the 1895 case of Sparf v. United States, the Supreme Court ruled that judges were not required to inform jurors about their right to conscientiously acquit because supposedly it was common knowledge. Since then more court cases have chipped away further so that we are now to the point where judges are allowed not only not to inform jurors, but if they outright MISINFORM jurors, even as far as telling them there is no such thing as jury nullification or instructing them that if they believe the law was broken beyond a reasonable doubt that they 'must' convict, this has been ruled to be factually incorrect but that it constitutes insufficiently egregious error as to warrant an appeal. With this kind of misinformation quickly becoming the standard in jury instructions, the only way most jurors will have any idea about their option to conscientiously acquit is if they learn about it before they get to the courthouse. And the most likely way they will feel confident about using it, contrary to a judge's instructions, is if they have had more than just a brief encounter, but rather are hearing about regularly in the public discourse.
In short, we teach jurors that:
-The purpose of the law is to uphold justice. Justice is not meant to be violated for the sake of upholding the law.
-When the law and justice are in conflict, jurors can and should set aside the law if necessary to deliver a just verdict.
-Jurors are not required to check their consciences at the courthouse door. They can and should consult their consciences in deliberating and deciding a just verdict.
-Jurors cannot be punished for their verdicts.
-Conscientious acquittal is a peaceful defense against government corruption and malicious prosecution. It is the people's pardon.
Thank you for the information on Massachusetts. I will check it out.
-Kirsten