Representative Charles Gregory has prefiled HB25, known as the Fully Informed Jury Act of 2013.
This act states, “In a criminal jury trial, the court shall permit the defendant or his or her counsel to argue for jury nullification in its role as the judges of the law and the facts pursuant to Article I, Section I, Paragraph XI of the Constitution.” Article I, Section I, Paragraph XI of the Georgia Constitution deals with the right to trial by jury, number of jurors, and the selection and compensation. If the Fully Informed Jury Act passes, then the Georgia Constitution would be amended to include jury nullification as a responsibility of the court.
Jury nullification has had a long tradition extended prior to American History. During colonial times, jury nullification was successfully used and juries informed of their right.
In 1734, Peter Zenger, a writer for The New York Weekly Journal was being prosecuted for seditious libel by the Royal Governor of New York. Retold in a Mises journal article “The court instructed the jury that truth was no defense. Defense counsel Andrew Hamilton, however, urged the jury to reach their own conclusions about this legal issue.” The jury came back with a not guilty verdict.Details