Islamic terrorism and Jury nullification: Difference between pages

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{{terrorismglobalize}}
'''Jury nullification''' refers to a rendering of a not guilty [[verdict]] by a trial [[jury]], disagreeing with the [[jury instruction|instructions]] by the [[judge]] concerning what is the [[law]], or whether such law is applicable to the case, taking into account all of the [[evidence (law)|evidence]] presented. Although a jury's refusal relates only to the particular case before it, if a pattern of such verdicts develops, it can have the practical effect of disabling the enforcement of that position on what is the law or how it should be applied. Juries are reluctant to render a verdict contrary to law, but a conflict may emerge between what judges and the public from whom juries are drawn hold the law to be. A succession of such verdicts may signal an unwillingness by the public to accept the law given them and may render it a "[[Dead letter#Law/Policy|dead-letter]]" or bring about its repeal. The jury system was established because it was felt that a panel of citizens, drawn at random from the community, and serving for too short a time to be corrupted, would be more likely to render a just verdict than officials who may be unduly influenced. Jury nullification is a reminder that the right to trial by one's peers<ref>[[Magna Carta]]</ref> affords the public an opportunity to take a dissenting view about the justness of a statute or official practices.
{{expert}}
 
{{cquote|I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution.
'''Islamic extremist terrorism''' is [[terrorism]] claimed by its supporters and practitioners to be in furtherance of the goals of [[Islam]]. The validity of an Islamic justification for this [[terrorism]] has been contested by other [[Muslim]]s.
|4=[[Thomas Jefferson]]|5=1789 letter to [[Thomas Paine]]}}
 
Historical examples include American revolutionaries who refused to convict under [[English law]],<ref>[http://www.gaspee.org/WhatstheImportance.html Gaspee Affair]</ref> juries who refuse to convict due to perceived injustice of a law in general,<ref>[http://tarlton.law.utexas.edu/lpop/etext/penntrial.html Trial of the Quaker William Penn (founder of Pennsylvania), 1670] and [http://www.constitution.org/trials/penn/penn-mead.htm Trial of Penn and Mead] (HTML)</ref> the perceived injustice of the way the law is applied in particular cases,<ref>[http://news.bbc.co.uk/1/hi/uk/216868.stm Clive Ponting and "Troubled history of Official Secrets Act", 1985]</ref> and cases where the juries have refused to convict due to their own [[prejudices]] such as the [[race]] of one of the [[party (law)|parties]] in the case.<ref>Kennedy, Randall. "Racial Conduct by Jurors and Judges: The Problem of the Tainted Conviction," pp. 277-282, and "Black Power in the Jury Box?", pp. 295-310, Race, Crime and the Law (1997).</ref>
Where such terrorist activity aims to establish a pan-Islamic [[theocracy]] and impose religious law ([[Sharia]]), it is sometimes termed '''Islamist terrorism.''' The term '''Islamic terrorism''' is more widely used, while governments often refer to it as '''Islamic extremism.''' There is much debate about whether commentary on the subject unfairly caricatures Muslims, and [[Arab]] Muslims in particular (see the [[Muhammad cartoons controversy]] for example).
==Background==
 
Jury nullification is a [[de facto]] power of juries, and is not normally disclosed to jurors by the system when they are instructed as to rights and duties. The power of jury nullification derives from an inherent quality of most modern [[common law]] systems&mdash;a general unwillingness to inquire into jurors' [[motivation]]s during or after [[deliberation]]s. A jury's ability to nullify the law is further supported by two common law [[precedent]]s: the prohibition on punishing jury members for their verdict, and the prohibition on retrying [[criminal law|criminal]] defendants after an [[acquittal]] (see related topic [[double jeopardy]]).
According to statistics of the [[National Counterterrorism Center]], Islamic extremism was responsible for approximately 57% of terrorist fatalities and 61% of woundings in 2004 and early 2005, where a terrorist perpetrator type could be specified&nbsp;[http://www.tkb.org/NCTC/PerpetratorReportModule.jsp?pagemode=perpMain&sortby=fatalities&filterMode=0&filterDetails=0&orderBy=ASC&sortByPast=char]. Terrorist acts have included [[airline hijacking]], [[kidnapping]], [[assassination]], and [[suicide bombing]]. Terrorist threats have included [[fatwa]]s and death threats. Children have been used in the administration and perpetration of these attacks. Both Muslims and non-Muslims have been among the targets and victims.
 
Jury nullification is the source of much debate. It is maintained that it is an important safeguard of last resort against wrongful imprisonment and government tyranny. It is also viewed as an abuse of the right to a [[jury trial]] that undermines the law and violates the [[oath]] sworn to by jurors. There are fears that nullification could be used to permit violence against socially unpopular factions. {{Fact|date=April 2007}} It can be argued that jury nullification could be used to nullify important defendants' rights, such as the [[Fifth Amendment to the United States Constitution|Fifth Amendment]] right not to testify or the right of [[self-defense]]. {{Fact|date=April 2007}} While supporters argue that jury nullification can be used only to acquit and not to convict because a [[judge]] must set aside a conviction that is clearly at odds with the law and the facts, the fact that jury verdicts are treated with great deference in United States courts means that the safeguards are not absolute and a jury that dislikes a defendant has the ability to convict an innocent defendant through nullification. Jury nullification may also occur in civil suits, in which this distinction between acquittal and conviction is of course irrelevant. {{Fact|date=April 2007}}
Islamic extremist terrorism is not synonymous with all terrorist activities committed by Muslims. [[Nationalist]], [[separatist]], and occasionally [[Marxist-Leninist]] organizations in the Muslim world often derive inspiration from secular ideologies. These are not well described as either Islamic extremist or Islamist.
 
Nevertheless, there is little doubt as to the ability of a jury to nullify the law. Today, there are several issues raised by jury nullification.
==Organizations==
* First, whether juries can or should be instructed or informed of their power to nullify.
[[Al-Qaeda]] is defined by most Western nations as an Islamic extremist group. Formed in the aftermath of the [[Soviet invasion of Afghanistan]], it is accused of committing terrorism in a number of countries in [[Africa]], the [[Middle East]], [[Europe]]. and [[Indonesia]]. It is also accused of orchestrating the [[September 11, 2001 attacks]] against the [[United States]]. The group, under its leader [[Osama bin Laden]], is opposed to the monarchy in Saudi Arabia, which it sees as insufficiently Islamic and too closely tied to America. Al-Qaeda claims it is engaged in a struggle against [[Zionism]], [[Christianity]], and the secular West.
* Second, whether a judge may remove jurors "for cause" when they refuse to apply the law as instructed.
* Third, whether a judge may punish a juror for exercising his power of jury nullification.
 
==Common law precedent==
The charter of [[Hamas]] calls for the destruction of Israel, and its "military wing" has claimed responsibility for numerous terrorist attacks. Hamas justifies these attacks as necessary in fighting the [[Military occupation#Disputed to be a military occupation by nation of dominant military forces in area|Israeli occupation]] of Palestinian territory. Although the wider movement also serves as a charity organization and provides services to Palestinians, Hamas has been designated as a terrorist group by the [[European Union]], [[Canada]], the [[United States]], [[Israel]], the [[United Nations Commission on Human Rights]] and [[Human Rights Watch]].
The early history of juries supports the recognition of the ''de facto'' power of nullification. By the 12th century, common law courts began using juries for more than administrative duties. Juries were composed primarily of "laymen" from the local community. They provided a somewhat efficient means of [[dispute resolution]] with the benefit of supplying legitimacy.
 
Largely, the earliest juries returned verdicts in accordance with the judge or the crown. This was achieved either by "packing the jury" or by "''[[writ of attaint]]''". Juries were packed by hand-selecting or by [[bribe|bribing]] the jury so as to return the desired verdict. In cases of [[treason]] or [[sedition]], this was frequently the case. In addition, the ''writ of attaint'' allowed a judge to retry the case in front of a second jury when the judge believed the first jury returned a "false verdict". If the second jury returned a different verdict, that verdict was imposed and the first jury was imprisoned or fined.
The United States, Israel, the United Kingdom, the [[Netherlands]], Canada, and [[Australia]] designate the [[Lebanon|Lebanese]] Shia Islamist organization [[Hezbollah]] as a terrorist organization. The European Union designates Hezbollah's External Security Organization wing as "terrorist" and the [[United Nations]] has called for its disbandment. Hezbollah is also a political party and an organization that provides social services in Lebanon, where it is not generally seen as a terrorist organization. [http://www.meib.org/articles/0112_l1.htm][http://www.washingtonpost.com/wp-dyn/articles/A45543-2005Mar17.html]
 
This history, however, is marked by a number of notable exceptions. In [[1554]], a jury acquitted Sir [[Nicholas Throckmorton]], but was severely punished by the court. Almost a century later, in [[1649]], a jury likewise acquitted [[John Lilburne]] for his part in inciting a rebellion against the [[Oliver Cromwell|Cromwell]] regime. The theoretician and politician [[Eduard Bernstein]] wrote of John Lilburne's trial:
Some Islamist groups, notably Hezbollah, Hamas, [[Islamic Jihad]] in Palestine and Al-Qaeda have used [[suicide bomber]]s against civilians, soldiers, and government officials of the regimes that they oppose. Their use of suicide bombers is seen by many Muslims as contradictory to Islam's teachings. Groups who support Islamist terrorism in the form of suicide bombings often refer to such attacks as "[[martyrdom operation]]s" and the suicide-bombers who commit them as "[[martyr]]s" (Arabic: shuhada, plural of "shahid"). Islamist terrorists, and their sympathisers often believe that suicide bombers, as martyrs to the cause of jihad against the infidels, will receive the rewards of [[Jannah|paradise]] for their actions.
 
<blockquote>
==Ideology and theology==
His contention that the constitution of the Court was contrary to the fundamental laws of the country was unheeded, and his claim that the jury was legally entitled to judge not only as to matters of fact but also as to the application of the law itself, as the Judges represented only 'Norman intruders', whom the jury might here ignore in reaching a verdict, was described by an enraged judge as 'damnable, blasphemous heresy.' This view was not shared by the jury, which, after three days’ hearing, acquitted Lilburne — who had defended himself as skilfully as any lawyer could have done — to the great horror of the Judges and the chagrin of the majority of the Council of State. The Judges were so astonished at the verdict of the jury that they had to repeat their question before they would believe their ears, but the public which crowded the judgment hall, on the announcement of the verdict, broke out into cheers so loud and long as, according to the unanimous testimony of contemporary reporters, had never before been heard in the Guildhall. The cheering and waving of caps continued for over half an hour, while the Judges sat, turning white and red in turns, and spread thence to the masses in London and the suburbs. At night bonfires were lighted, and even during the following days the event was the occasion of joyful demonstrations.
</blockquote>
 
By the late 17th century, the court's ability to punish juries was removed in [[Bushell's Case]]<ref name = "Bushell's Case">[http://www.constitution.org/trials/bushell/bushell.htm Bushell's Case trial report].</ref> involving a juror on the case against [[William Penn]].
Islamist extremists sometimes claim they are defending Islam and the [[Ummah]] (that is, the Muslim community), or that they are acting in retaliation for what they see as aggression against Muslims by Israel and by various western countries such as the United States.
 
In [[1670]], [[William Penn]] was arrested for illegally preaching a [[Quaker]] sermon. Despite the fact that the judge demanded a guilty verdict and that preaching the sermon was illegal, the jury in that case acquitted Penn and was subsequently imprisoned, fined, and kept for three days without food or water as a result. Four jurors refused to pay the fine, and one, Edward Bushell, obtained a [[writ of habeas corpus]]. Chief Justice Vaughn, sitting on the highest court in England, discharged the writ, released them, and called the power to punish a jury "absurd". <ref> Simon Stern, "Between Local Knowledge and National Politics: Debating Rationales for Jury Nullification after Bushell’s Case," Yale Law Journal 111 (2002): 1815-48. </ref>
The members of some groups are more likely to see themselves as freedom fighters rather than terrorists, as the political origins of such groups in Israel/[[Palestine]], [[Afghanistan]] during the Soviet occupation, [[Chechnya]] and most recently post-[[Saddam Hussein|Saddam]] [[Iraq]] are often connected to demands for statehood and nationalist self-determination. <!--irrelevant to this paragraph: Opponents of this view claim that it is wrong to kill civilians to further a political cause.-->
 
In an interview with [[The American Conservative]] magazine, Robert Pape, author of the book ''Dying to Win'', said "The central fact is that overwhelmingly suicide-terrorist attacks are not driven by religion as much as they are by a clear strategic objective: to compel modern democracies to withdraw military forces from the territory that the terrorists view as their homeland. From Lebanon to Sri Lanka to Chechnya to Kashmir to the West Bank, every major suicide-terrorist campaign — over 95 percent of all the incidents — has had as its central objective to compel a democratic state to withdraw." [http://www.amconmag.com/2005_07_18/article.html]
 
Some supporters of Palestinian terrorism have claimed that citizens of Israel are legitimate military targets because Jewish adolescents are required by law to serve in the country's military. Other writers have cited Islamic scriptures as justification for killing Jews and Christians. [http://www.israelnewsagency.com/al-quaedaterrorismus10012.html] This justification does not address the killing of innocent Muslims from extremist Islamic terrorism.
 
In [[1681]], a [[grand jury]] refused to [[Indictment|indict]] the [[Anthony Ashley-Cooper, 1st Earl of Shaftesbury|Earl of Shaftesbury]]. Then in [[1688]], a jury acquitted the [[Archbishop of Canterbury]] and six other [[Anglican]] bishops of [[seditious libel]].
===Islamist ideology===
 
Juries continued, even in non-criminal cases, to act in defiance of the crown. In [[1763]] and in [[1765]], juries awarded £4,000 and £300 to [[John Wilkes]] and John Entwick, respectively, in separate suits for [[trespass]] against the crown's messengers. In both cases, messengers were sent by Lord Halifax to seize allegedly [[libel|libelous]] papers.
{{fact}} <!--Where is the most important slogan of Al-qaida , i.e. "kick out America from ME -->
Islamist ideology, specifically of the militant breed, often positions itself in opposition to Western society. The United States, specifically, is greatly opposed by most Islamist terrorists, scholars, and leaders. In addition to criticizing the United States for what they see as [[immoral]] [[secularism]], many Islamists claim that Western society is actively anti-Islamic. The cultural products of western societies, and specifically of the United States, are often criticized by Islamists for the same reasons.
 
In [[Scotland]] Jury Nullification had a profound effect bringing in (or as others believed reviving) the verdict of "[[not proven|not proven]]". It was in [[1728]] that one [[Carnegie of Finhaven]] accidentally killed the Scottish [[Charles Lyon, 6th Earl of Strathmore and Kinghorne|Earl of Strathmore]]. As the defendant had undoubtedly killed the Earl, the law (as it stood) required the jury merely to look at the facts and pass a verdict of "proven" or "[[not proven]]" depending on whether they believed the facts proved the defendant had killed the Earl. However if the jury brought in a "proven" verdict they would in effect cause this innocent man to die. To avert this injustice, the jury decided to assert what it believed to be their "ancient right" to judge the whole case and not just the facts and brought in the verdict of "not guilty" which remains in Scotland to this day. Over time however, juries have tended to favour the "not guilty" verdict over the "not proven" and with this the interpretation has changed {{Fact|date=July 2007}}. Now the "not guilty" verdict has become the normal verdict when a jury is convinced of innocence and the "not proven" verdict is only used when the jury is not certain of innocence or guilt.
The lack of [[authoritarian]] restrictions on free speech is a common Islamist criticism of western democracies. Islamists have claimed that such unrestricted free speech has led to the proliferation of [[pornography]], [[immorality]], [[secularism]], [[homosexuality]], [[feminism]], and many other ideas that Islamists often oppose.
 
==Nullification in the United States==
Islamists are often opposed to the (practitioners of) [[Christianity]] and [[Judaism]]. Some Islamists identify what they see as a historical struggle between Christianity and Islam, dating back as far as the [[Crusades]], among other historical conflicts between practitioners of the two respective religions. Many of the existent Islamist terrorism groups have as their central cause a [[Jihad]] (holy war) against Christians and Jews. An example is Bin Laden's Al-Qaeda, which is also known as 'International Islamic Front for Jihad Against the Jews and Crusaders'. Most militant Islamists oppose Israel's policies, and often its existence.
[[John Peter Zenger]], a printer in the English colony of New York, was tried for [[seditious libel]] in [[1734]] for publishing a newspaper critical of the governor. The jury acquitted Zenger despite the judge's instructions; this is perhaps the most famous early instance of jury nullification in the colonies that became the United States.
 
The use of the jury to act as a protection of last resort was espoused by many influential people surrounding the framing of the [[U.S. Constitution]]. For example, [[John Adams]] said of jurors: "It is not only his right but also his duty… to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court."
For a discussion as to whether or not there are elements of neo-fascist ideology in certain militant Islamic groups, see the discussion at [[Neofascism_and_religion#Islam|Neofascism and religion]].
 
First Chief Justice of the US [[John Jay]] wrote: "It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision… you [juries] have a '''right''' to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy".
===Interpretations of the Qur'an===
 
It was over time that judicial and legal opinion slowly changed to consider jury nullification only a power and not a right of juries, as judges and prosecutors wanted stricter enforcement of laws that juries nullified. This shift stemmed from the 18th century conflict between two factions of English jurists, the first led by [[Charles Pratt, 1st Earl Camden|Lord Camden]], which was originally prevalent in what became the United States, and the second led by [[William Murray, 1st Earl of Mansfield and Mansfield|Lord Mansfield]]. The position of the latter was called "Mansfieldism" by Jefferson<ref>[http://www.constitution.org/tj/ltr/1826/ltr_18260217_madison.htm Letter to James Madison, February 17, 1826], complaining of Mansfieldism</ref> and the shift has been called "Mansfieldization".<ref>[http://www.constitution.org/lrev/jdr/mansfield_recon.htm Mansfieldism Reconsidered], by Jon Roland</ref>
It's been suggested that the [[Qur'an]], Islam's sacred text, denounces the killing of any muslim person who is not guilty of at least one of two crimes:
 
===Nullification in practice===
:"On that account: We ordained for the Children of Israel that if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people. Then although there came to them Our messengers with clear signs, yet [yea yea], even after that, many of them continued to commit excesses in the land." ({{Quran-usc|5|32}})
Nullification has a mixed history in the United States. Jury nullification appeared in the pre-Civil War era when juries occasionally refused to convict for violations of the [[Fugitive Slave Act]]. However, during the Civil Rights era, all-white juries were known to refuse to convict white defendants for the murder of African-Americans.<ref name = "Cato">[http://www.cato.org/pubs/policy_report/v21n1/jury.html Cato].</ref> During [[Prohibition]], juries often nullified alcohol control laws,<ref name = "UMKC">[http://www.law.umkc.edu/faculty/projects/ftrials/zenger/nullification.html UMKC].</ref> possibly as often as 60% of the time.<ref name = "FIJA">[http://www.fija.org/conrad_on_jury_duty.htm Conrad on Jury Duty].</ref> This resistance is considered to have contributed to the adoption of the [[Twenty-first Amendment to the United States Constitution|Twenty-first amendment]] repealing the [[Eighteenth_Amendment_to_the_United_States_Constitution|Eighteenth amendment]] which established [[Prohibition]].
 
In the 21st century, many discussions of jury nullification center around drug laws that some consider unjust either in principle or because they are seen to discriminate against African-Americans. A jury nullification advocacy group estimates that 3–4% of all jury trials involve nullification,<ref name = "FIJA" /> and a recent rise in [[hung jury|hung juries]] (from an average of 5% to nearly 20% in recent years) is considered additional evidence that juries have begun to consider the validity or fairness of the laws themselves.<ref name = "WashPost">[http://www.washingtonpost.com/wp-srv/national/jury080299.htm Washington Post].</ref>
:"And there are those who put up a mosque by way of mischief and infidelity - to disunite the Believers - and in preparation for one who warred against Allah and His Messenger aforetime. They will indeed swear that their intention is nothing but good; But Allah doth declare that they are certainly liars." ({{Quran-usc|9|107}})
 
In criminal cases, jury nullification arguments sometimes focus on the precise language of the [[jury instruction]] on the [[burden of proof]]. Many jury instructions on the issue of the burden of proof invite nullification arguments. According to these instructions juries ''must'' find the defendant not guilty if the case has not been proven beyond a reasonable doubt. Conversely the jury ''should'' find the defendant guilty if the case has been proven beyond a reasonable doubt. The permissive language "should" arguably allows juries to consider nullification arguments.
Militant Islamists sometimes justify terrorism against fellow Muslims, in particular against regimes they consider non-Islamic, on the basis that their enemies are [[apostates]]{{fact}}. Islamic law traditionally designated death as the penalty for apostasy from Islam. Opinions within the Muslim community vary as to the grounds on which an individual may be declared to have apostacised. The most common view among Muslim scholars is that a declaration of [[takfir]] (designation of a Muslim as an apostate) can only be made by an established religious authority. Mainstream Muslim scholars usually oppose recourse to ''takfir'', except in rare instances. Islamist terrorists cited ''takfir'' as justification for the assassination of Egyptian President [[Anwar Sadat]].
 
===Court rulings===
Another relevant Qur'anic verse reads:
In recent years, judges seem to like jury nullification less and less. While unable to take away the power of nullification, they have done much to prevent its use.
 
The first major decision in this line was ''Games v. Stiles ex dem Dunn'', 39 U.S. 322 (1840),<ref>[http://www.constitution.org/ussc/039-322.htm Games v. Stiles ex dem Dunn]</ref> which held that the bench could override the verdict of the jury on a point of law.
:"Fight in the cause of [[Allah]] those who fight you, but do not transgress limits; for Allah loveth not transgressors. And slay them wherever ye catch them, and turn them out from where they have turned you out; for tumult and oppression are worse than slaughter; but fight them not at the [[Masjid al Haram|Sacred Mosque]], unless they (first) fight you there; but if they fight you, slay them. Such is the reward of those who suppress faith." ({{Quran-usc-range|2|190|191}})
 
The [[1895]] decision in ''[[Sparf v. U.S.]]'' written by Justice [[John Marshall Harlan]] held that a trial judge has no responsibility to inform the jury of the right to nullify laws. It was a 5-4 decision. This decision, often cited, has led to a common practice by [[United States]] judges to penalize anyone who attempts to present legal argument to jurors and to declare a mistrial if such argument has been presented to them. Jurors are likely to be struck from the panel during [[voir dire]] if they reveal awareness of the concept of jury nullification.<ref>"...the court can also attempt to prevent such an occurrence of juror nullification by (1) informing prospective jurors at the outset that jurors have no authority to disregard the law and (2) obtaining their assurance that they will not do so if chosen to serve on the jury." ''People v. Estrada'', 06 S.O.S. 3702 (2006).</ref>
This verse is interpreted by Islamic scholar [[Ibn Kathir]] as forbidding attacks on non-combatants.
 
A [[1969]] [[Fourth Circuit Court of Appeals|Fourth Circuit]] decision, ''[[U.S. v. Moylan]]'', affirmed the right of jury nullification, but also upheld the power of the court to refuse to permit an instruction to the jury to this effect.
==Muslim attitudes towards terrorism ==
 
<blockquote>
In parliamentary election of January 2006, 57% of Palestinians voted for [[Hamas]][http://news.bbc.co.uk/2/hi/middle_east/4650788.stm], which is designated as a terrorist organization by Israel, United States, Canada, and the European Union and responsible for a number of terrorist attacks against Israeli civilians. Observers are divided over whether the election results represent support for the organization's tactics, support for the organization's social programs, or dissatisfaction with the previous government which was widely seen as corrupt and incompetent. A public opinion survey released following the election, indicated that nearly three quarters of Palestinians believe that Hamas should change its policy regarding the destruction of Israel and 84% of Palestinians support a peace agreement with Israel. Among Hamas voters, 73% of respondents supported a peace agreement with Israel. [http://english.aljazeera.net/NR/exeres/92C2A0B5-793F-4409-9CEA-A4F7E4985850.htm]
We recognize, as appellants urge, the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge, and contrary to the evidence. This is a power that must exist as long as we adhere to the general verdict in criminal cases, for the courts cannot search the minds of the jurors to find the basis upon which they judge. If the jury feels that the law under which the defendant is accused, is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision. ''U.S. vs Moylan'', 417 F 2d 1002, 1006 (1969).[http://www.askthelawguy.info/images/moylan.pdf]
</blockquote>
 
Nevertheless, in upholding the refusal to permit the jury to be so instructed, the Court held that:
A 2005 Pew Research study that involved 17,000 people in 17 countries showed support for terrorism was declining in the Muslim world along with a growing belief that Islamic extremism represents a threat to those countries. [http://pewglobal.org/reports/display.php?ReportID=248] A [[Daily Telegraph]] survey[http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2005/07/23/npoll23.xml&sSheet=/news/2005/07/23/ixnewstop.html] showed that 6% of British Muslims fully supported the [[7 July 2005 London bombings|July 2005 bombings]] in the London Underground.
 
<blockquote>
A 2004 Pew survey revealed that Osama bin Laden is viewed favorably by large percentages in Pakistan (65%), Jordan (55%) and Morocco (45%). In Turkey as many as 31% say that suicide attacks against Americans and other Westerners in Iraq are justifiable.[http://people-press.org/reports/display.php3?ReportID=206]
…by clearly stating to the jury that they may disregard the law, telling them that they may decide according to their prejudices or consciences (for there is no check to insure that the judgment is based upon conscience rather than prejudice), we would indeed be negating the rule of law in favor of the rule of lawlessness. This should not be allowed. ''Id.''
[http://www.dailytimes.com.pk/default.asp?page=story_11-7-2003_pg4_6].
</blockquote>
 
In [[1972]], in ''[[United States v. Dougherty]]'', [[case citation|473 F.2d 1113]], the [[United States Court of Appeals for the District of Columbia Circuit]] issued a ruling similar to ''Moylan'' that affirmed the ''de facto'' power of a jury to nullify the law but upheld the denial of the defense's chance to instruct the jury about the power to nullify. However, in ''Dougherty'' the then-chief judge [[David L. Bazelon]] authored a dissenting in part opinion, arguing that the jury should be instructed about their power to render the verdict according to their conscience if the law was unjust. He wrote that refusal to allow the jury to be instructed constitutes a "deliberate lack of candor".<ref> [http://www.law.umkc.edu/faculty/projects/ftrials/juryseminar/USvDougherty1972.html U.S. v Dougherty] </ref>
The Free Muslims Coalition[http://www.freemuslims.org/] rallied against terror, stating that they wanted to send "a message to radical Muslims and supporters of terrorism that we reject them and that we will defeat them."
 
In [[1988]], in ''U.S. v. Krzyske'', the jury asked the judge about jury nullification. The judge responded "There is no such thing as valid jury nullification." The jury convicted the defendant, and the judge's answer was upheld on appeal.
[[Abdel Rahman al-Rashed]], a Muslim and the general manager of Arab news channel, [[Al-Arabiya]] has said: "It is a certain fact that not all Muslims are terrorists, but it is equally certain, and exceptionally painful, that almost all terrorists are Muslims." Statistics compiled by the United States government's Counterterrorism Center present a more complicated picture: of known and specified terrorist incidents from the beginning of 2004 through the first quarter of 2005, slightly more than half of the fatalities were attributed to Islamic extremists but a majority of over-all incidents were considered of either "unknown/unspecified" or a secular political nature [http://www.tkb.org/NCTC/PerpetratorReportModule.jsp]. The vast majority of the "unknown/unspecified" terrorism fatalities did however happen in Islamic regions such as [[Iraq]] and [[Afghanistan]], or in regions where Islam is otherwise involved in conflicts such as the [[West Bank]], the [[Gaza Strip]], southern [[Thailand]] and [[Kashmir]]. [http://www.tkb.org/NCTC/PerpetratorReportModule.jsp?pagemode=incident_perp&perpType=Unknown/Unspecified&perpId=7&sortby=country&filterMode=0&filterDetails=0&orderBy=DESC&sortByPast=date&startDate=01/01/2004&endDate=03/31/2005] The methodology employed by the Center is sometimes disputed [http://www.washingtonpost.com/wp-dyn/content/article/2005/04/30/AR2005043000907.html].
 
In [[1997]], in ''U.S. v. Thomas''<ref>[http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=2nd&navby=case&no=951337 U.S. v. Thomas No. 95-1337 (2nd Cir. 5-20-97).]</ref>, the Second Circuit ruled that jurors can be removed if there is evidence that they intend to nullify the law, under Federal Rules of Criminal Procedure 23(b).
Iranian Ayatollah [[Ozma Seyyed Yousef Sanei]] issued a [[fatwa]] (ruling) that suicide attacks against civilians are legitimate only in the context of war.[http://www.adnki.com/index_2Level.php?cat=Terrorism&loid=8.0.245083220&par=0] The ruling did not say whether other types of attacks against civilians are justified outside of the context of war, nor whether [[Jihad]] is included in Sanei's definition of war.
<blockquote>
We categorically reject the idea that, in a society committed to the rule of law, jury nullification is desirable or that courts may permit it to occur when it is within their authority to prevent. Accordingly, we conclude that a juror who intends to nullify the applicable law is no less subject to dismissal than is a juror who disregards the court's instructions due to an event or relationship that renders him biased or otherwise unable to render a fair and impartial verdict.
</blockquote>
 
In [[2001]], a California Supreme Court ruling on a case involving [[statutory rape]] led to a new jury instruction that requires jurors to inform the judge whenever a fellow panelist appears to be deciding a case based on his or her dislike of a law.<ref name = "SMC">{{cite news|url=http://homepage.smc.edu/sindell_steven/AJ3%20Folder/Currentevents/aj3.jury.nullific.html|title=Justices Say Jurors May Not Vote Conscience|work=[[SMC]]|date=2001-05-08|accessdate=2006-12-17}}</ref> However, the ruling could not overturn the practice of jury nullification itself because of double jeopardy: a defendant who has been acquitted of a charge cannot be charged a second time with it, even if the court later learns jury nullification played a role in the verdict.
==Examples of attacks ==
 
Although the Supreme Court has not directly confronted the issue recently, dicta in several opinions by Justice [[Antonin Scalia]] seems to imply a strong belief in the importance of the jury, in which the potential for nullification might be thought implicit; juries, Scalia has argued, are "the spinal column of American democracy," ''[[Neder v. United States]]'', "function as circuitbreaker[s] in the State’s machinery of justice," ''[[Blakely v. Washington]],'' and while trial by jury "has never been efficient… it has always been free," ''[[Apprendi v. New Jersey]]''.
*[[9 November]] [[2005]] - [[2005 Amman bombings]], over 60 killed and 115 injured, in a series of coordinated suicide attacks on Hotels in [[Amman, Jordan]]. Four attackers including a husband and wife team were involved.
*[[23 July]] [[2005]] - [[2005 Sharm el-Sheikh attacks|Bomb attacks at Sharm el-Sheikh]], an Egyptian resort city, kill at least 64 people.
*[[7 July]] [[2005]] - Multiple [[7 July 2005 London bombings|bombings in London Underground]], 53 dead killed by four suicide bombers.
*[[4 February]] [[2005]] - Muslim militants attacked the Christian community in Demsa, Nigeria, killing 36 people, destroying property and displacing an additional 3000 people.
*[[11 March]] [[2004]] - Multiple [[Madrid bombings|bombings]] on trains near Madrid, Spain. 191 killed, 1460 injured. (alleged link to Al-Qaeda)
*[[16 May]] [[2004]]- [[Casablanca Attacks]] - 4 simultaneous attacks in [[Casablanca]] killing 33 civilians (mostly Moroccans) carried by [[Salafaia Jihadia]].
*[[12 October]] [[2002]] - [[2002 Bali bombing|Bombing in Bali nightclub]]. 202 killed, 300 injured.
*[[24 September]] [[2002]] - Machine Gun attack on Hindu temple in Ahmedabad, India. 31 dead, 86 injured
*[[7 May]] [[2002]] - Bombing in al-Arbaa, Algeria. 49 dead, 117 injured
*[[9 March]] [[2002]] - Café suicide bombing in Jerusalem; 11 killed, 54 injured <!-- was this the moment cafe attack? -->
*[[3 March]] [[2002]] - [[Netanya suicide attack|Suicide bomb]] attack on a [[Passover]] Seder in a Hotel in [[Netanya, Israel]]. 29 dead, 133 injured
*[[11 September]] [[2001]] - [[September 11, 2001 attacks|4 planes hijacked]] and crashed into [[World Trade Center]] and [[The Pentagon]] by 19 hijackers. Nearly 3000 dead.
*[[13 October]] [[2000]] - [[USS Cole]] bombing from a small boat by suicide bombers. Seventeen sailors were killed and 39 were injured.
*[[7 August]] [[1998]] - [[1998 U.S. embassy bombings|Embassy bombing]] in Tanzania and Kenya. 225 dead. 4000+ injured
*[[25 June]] [[1996]] - [[Khobar Towers bombing]], 20 killed, 372 wounded.
*[[26 February]] [[1993]] - First [[World Trade Center]] bombing. 6 killed.
*[[18 April]] [[1983]] - [[April 1983 U.S. Embassy bombing|Embassy in Lebanon]] bombed. 63 killed.
 
===Advocacy groups===
==U.S. State Department list ==
Some advocacy groups and websites such as the:
[http://www.state.gov/s/ct/rls/pgtrpt/2003/31711.htm United States Department of State]
* [[Fully Informed Jury Association]]
* [http://www.levellers.org/jrp The Jury Rights Project]
* [http://www.jurypower.org The Jury Education Committee ]
argue that private parties in cases where the government is the opponent have the right to have juries be instructed that they have the right and duty to render a verdict contrary to legal positions they believe to be unjust or unconstitutional. These and other organizations contact citizens directly and lobby for legal reforms regarding instructions given to jurors.
* [http://www.constitution.org/jury/pj/pj-us.htm Constitution Society] Presents historical documentation that supports the proposition that to be a lawful jury trial, all issues of law must be argued in the presence of the jury, with the exception of those that cannot be argued without revealing evidence that is properly excluded.
 
===Opponents===
* [[Abu Sayyaf]], [[Philippines]]
* [[Al-Aqsa Martyrs Brigade]], [[Gaza Strip]] and [[West Bank]]
* [[Al-Gama'a al-Islamiyya]], [[Egypt]] also known as [[The Islamic Group]]
* [[al-Qaeda]], Worldwide
* [[Ansar al-Islam]], [[Iraq]]
* [[Armed Islamic Group]] (GIA), [[Algeria]]
* [[Army of Ansar al-Sunna]], [[Iraq]]
* [[AZF]], [[France]]
* [[Egyptian Islamic Jihad]], [[Egypt]]
* [[Al-Gama'a al-Islamiyya]], [[Egypt]]
* [[Great Eastern Islamic Raiders' Front]] (IBDA-C), [[Turkey]]
* [[Hamas]], [[Gaza Strip]] and [[West Bank]]
* [[Harkat-ul-Mujahideen]] al-Alami, [[Pakistan]]
* [[Hizballah]], [[Lebanon]]
* [[Islamic Movement of Central Asia]], [[Central Asia]]
* [[Islamic Movement of Uzbekistan]], [[Uzbekistan]]
* [[Jaish-e-Mohammed]], [[Pakistan]] and [[Kashmir]]
* [[Jemaah Islamiyah]], [[Indonesia]]
* [[Lashkar-e-Toiba]], [[Pakistan]] and [[Kashmir]]
* [[Lashkar i Jhangvi]], [[Pakistan]]
* [[Moro Islamic Liberation Front]], [[Philippines]]
* [[Moroccan Islamic Combatant Group]], [[Morocco]] and [[Europe]]
* [[Palestinian Islamic Jihad]], [[Gaza Strip]] and [[West Bank]]
* [[Tawhid and Jihad]] (Al-Qaeda in the Land between the Two Rivers ([[Iraq]])), Iraq, allegedly led by [[Abu Musab al-Zarqawi]]
 
A notable opponent of jury nullification is former judge and unsuccessful Supreme Court nominee [[Robert Bork]]. In an essay he wrote jury nullification is a "pernicious practice".<ref> [http://www.leaderu.com/ftissues/ft9906/articles/bork.html Thomas More for Our Season] Robert H. Bork </ref>
==See also==
*[[Islamofascism]]
*[[Kharijites]]
*[[Islamism]]
*[[Militant Islam]]
*[[Christian terrorism]]
*[[Tenth Crusade]]
*[[War on Terrorism]]
*[[Criticisms of the War on Terrorism]]
*[[Religious terrorism]]
*[[Political terrorism]]
*[[Terrorism in Kashmir]]
 
==Nullification in Canada==
===Video ===
Although very rare, nullification does occur in Canada, however the Crown (prosecution) has a broader power to appeal rulings than in the US. So while a jury ''may'' ignore a judge's direction, Canadian law allows the prosecution to appeal from an acquittal (see also [[Double jeopardy]]). The often referenced case of jury nullification being appealed all the way to the country's highest court in Canada is the 1988 Supreme Court case, ''[[R. v. Morgentaler]], 1988 SCR 30'' [http://scc.lexum.umontreal.ca/en/1988/1988rcs1-30/1988rcs1-30.html].
*[http://news.bbc.co.uk/nolavconsole/ukfs_news/hi/newsid_4180000/newsid_4188000/bb_wm_4188046.stm?scope=nolavconsole&tab=nolavconsole&q=islam&edition=ukfs&mediaformat=bb_wm_&start=7&order= Video of British Islamists stating their views]
In addition, the Supreme Court of Canada, in a more recent decision ''R. v. Krieger 2006 SCC 47'' [http://scc.lexum.umontreal.ca/en/2006/2006scc47/2006scc47.html], confirmed that juries in Canada have the power to refuse to apply the law when their consciences require that they do so. The issue was also touched upon in ''R. v. Latimer, 2001 SCC 1'' [http://scc.lexum.umontreal.ca/en/2001/2001scc1/2001scc1.html], where "The trial did not become unfair simply because the trial judge undermined the jury’s de facto power to nullify. In most if not all cases, jury nullification will not be a valid factor in analyzing trial fairness for the accused. Guarding against jury nullification is a desirable and legitimate exercise for a trial judge; in fact a judge is required to take steps to ensure that the jury will apply the law properly."
 
==Nullification in the UK==
=== Islamic terms & concepts ===
In 1982, during the [[Falklands War]], the British Navy sunk an Argentine Cruiser – the “[[ARA General Belgrano]]”. A government employee (civil servant) named [[Clive Ponting]] leaked two government documents concerning the sinking of the cruiser to the press, and was subsequently charged with breaching the [[Official Secrets Act]]. The judge in the case directed the jury to convict Ponting as he had clearly broken the Official Secrets Act by leaking official information about the sinking of the Belgrano during the Falklands War. His main defence, that it was in the public interest that this information be made available, was not a defence at all in law, but the jury nevertheless acquitted him, much to the consternation of the Government. He had argued that he had acted out of 'his duty to the interests of the state'; the judge had argued that [[civil servants]] owed their duty to the government.
*[[Jihad]]
 
*[[Ghazw]]
==Nullification in popular fiction==
*[[Takfir]]
On the American [[legal drama]] ''[[Law & Order]]'', in the eighth season episode "Nullification," the members of a [[Christian Patriot]] [[Militia_%28United_States%29#Modern_Private_Militia_organizations|militia]] are indicted for [[murder]] and [[robbery|armed robbery]] for their role in the attempted [[hijacking]] of an [[armored car]]. At trial, the leader of the militia ([[Denis O'Hare]]), who represents the group ''[[pro se]]'', argues that they are fighting a [[war]] against the illegitimate government of the United States, and that therefore the [[defendant]]s are [[prisoner of war|prisoners of war]] unlawfully detained in violation of the [[Geneva Conventions]]. In his [[testimony]], and later in his [[closing argument]], he explicitly argues in favor of jury nullification in the case as a blow against the "[[New World Order (conspiracy)|New World Order]]" and government tyranny. Although the prosecution manages to disqualify and replace two jurors who express sympathy with the militia cause, the trial ends in a [[hung jury]], as one or more jurors agree with the argument in favor of nullification.
 
Although that is the only time that ''Law & Order'' specifically addresses the issue of jury nullification, it has occurred in other episodes. In the eighth season episode "Burden," for example, a jury, deprived of evidence demonstrating the work of a [[serial killer]], votes to acquit an [[narcissism|egomaniacal]] [[physician]] ([[John Hickock]]) who claims that the death of a young boy in a [[persistent vegetative state]] was an act of [[euthanasia]]. Later, in the eleventh season episode "Standoff," a jury acquits a [[corrections officer]] ([[Matt Mulhern]]) who hired a [[contract killing|contract killer]] to eliminate his fiancee's [[rape|rapist]].
 
On the legal drama ''[[The Practice]]'', which follows criminal trials from the [[Defense (legal)|defense attorney]]'s perspective, the characters use jury nullification on a fairly regular basis, especially when they defend clients accused of so-called [[victimless crime]]s such as [[prostitution]], [[bookmaking]], or [[drug possession]]. The strategy usually used in such situations, known as "This Is America" to its practitioners, was essentially an appeal to [[patriotism]].
 
During the first season of the show, a multi-episode [[story arc]] concerns the defense of a grieving father ([[Jack Laufer]]) who murdered his daughter's recently-[[acquittal|acquitted]] killer ([[Greg Wrangler]]). Although the official defense is [[diminished responsibility]], it amounts to a pitch for jury nullification, given overwhelming evidence of [[premeditation]]. After a prosecution spanning four episodes, the defendant is acquitted on all charges.
 
==See also==
* [[Death-qualified jury]]
* [[Jury duty]]
* [[Laura Kriho]]
* [[Ed Rosenthal]]
* [[Josephine Terranova]]
* [[Peter Wright]]
* [[John Peter Zenger]]
* ''[[Citizens Rule Book]]''
 
== References ==
=== Commonly used techniques ===
Eduard Bernstein, ''Sozialismus und Demokratie in der grossen englischen Revolution'' (1895); trans. H.J.Stenning (1963, NYC) as ''Cromwell and Communism: Socialism and Democracy in the Great English Revolution'', Library of Congress 63-18392.
*[[Suicide bombing]]
*[[Car bomb]]
*[[Improvised explosive device]]
*[[Aircraft hijacking]]
 
<references/>
=== Books ===
* ''[[An Autumn of War: What America Learned from September 11 and the War on Terrorism]]'' by [[Victor Davis Hanson]]
* ''[[Jihad: The Trail of Political Islam]]'' by [[Gilles Kepel]]
* ''[[Onward Muslim Soldiers]]'' by [[Robert Spencer]]
* ''[[The War for Muslim Minds]]'' by [[Gilles Kepel]]
 
==External links==
* [http://www.marx.org/reference/archive/bernstein/works/1895/cromwell/index.htm ''"Cromwell and Communism"'' aka ''Socialism and Democracy in the Great English Revolution'']
* [http://www.law.umkc.edu/faculty/projects/ftrials/zenger/nullification.html ''Jury Nullification'' by Doug Linder]
* [http://www.greenmac.com/eagle/ISSUES/ISSUE23-9/07JuryNullification.html ''Jury Nullification: Why you should know what it is'' by Russ Emal]
* [http://www.caught.net/juror.htm ''Juror's Handbook - A Citizen's Guide to Jury Duty'' by the American Jury Institute]
* [http://www.gutenberg.org/catalog/world/readfile?fk_files=38730&pageno=1 ''Essay on the Trial by Jury''] by [[Lysander Spooner]]
* [http://www.fija.org ''FIJA''] - Fully Informed Jury Association
 
[[Category:Court systems]]
*[http://www.islamdenouncesterrorism.com/ Islam Denounces Terrorism] by [[Harun Yahya]]
[[Category:Criminal law]]
* [http://web.archive.org/web/20050331091340/http://www.usdoj.gov/ag/trainingmanual.htm Al Qaeda Training Manual used by British member of Al Qaeda, Manchester, England] (URL accessed March 2005)
* [http://www.nixoncenter.org/publications/monographs/Leiken_Bearers_of_Global_Jihad.pdf Bearers of Global Jihad: Immigration and National Security after 9/11] from the Nixon Center.
*[http://www.danielpipes.org/article/2798 What Do the Terrorists Want?] by [[Daniel Pipes]], published in the [[New York Sun]] July 26, 2005
*[http://www.adl.org/Learn/internet/jihad.asp Jihad Online: Islamic Terrorists and the Internet] report for law enforcement from the [[Anti-Defamation League]]
*[http://www.jpost.com/servlet/Satellite?pagename=JPost/JPArticle/ShowFull&cid=1127987659736 Islamic terrorism spreads via Internet] by [[Judy Siegel]] And [[Talya Halkin]], published in the [[Jerusalem Post]], September 30, 2005
 
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[[Category:Islam]]
[[Category:Terrorism]]
[[de:Islamistischer Terrorismus]]
[[ru:Исламистский терроризм]]
[[tl:Terorismong Islamista]]