The Law is for the Jury to Decide -- Not the Prosecutor

by Will

Will Grigg?s Liberty Minute

June 22, 2012

Police found Houston resident Israel Rangel in possession of less than a gram of cocaine ? an amount equivalent to roughly half a sugar packet. He was arrested and charged with felony narcotics possession. When prosecutors vetted potential jurors, they found that 50 of the 130 candidates said they would not vote to convict someone accused of possessing such a tiny amount of cocaine.

The jury eventually acquitted Rangel of the charge. Lou Ellen Wheeler, who served on the jury, later said that the evidence against him was weak. But as defense attorney Todd Dupont pointed out, other jurors made it clear ?they weren?t going to make somebody a felon and ruin their lives over a gram of cocaine.?

Prosecutor Julian Ramirez insisted that even though the amount involved was minuscule, possession of cocaine is a crime because ?It?s the law.? However, the jury has plenary authority to rule on both the facts and the law.

This is at least the second time a conscientious jury has nullified a foolish drug prosecution. Two years ago a Montana jury refused to convict a man for marijuana possession. Hopefully this kind of principled rebellion will become a nationwide epidemic.

Let us take back the liberty wherewith Christ has made us free. 

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