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five. "We give them adequate hints presently." Perhaps the
most baffling excuse for refusing to convey to jurors about nullification is the excuse that we now give
them a couple ambiguous (p.13)clues about their electrical power
to nullify. Joining in the fray with gusto, of class, is the Fully Informed Jury Association (FIJA),
a tax-exempt instructional group with countless numbers of associates devoted to
informing future jurors about their ability to nullify.
The reasoning below is that the lawful electrical power to nullify is least probable to be abused,
and most probable to be reserved for the scarce cases when it is actually appropriate, if we composition our
rules to make nullification "an act in contravention of the established directions." Dougherty, 473 F.second at
1136-37. After all, the argument goes, jurors often draw their comprehension about the operation of the process from a assortment of (p.14)sources in the popular culture, even aside from the judge's guidelines.

This "reasoning" was under no circumstances persuasive even when it was very first handed down to the reduced courts more than twenty years back, as Chief Judge
Bazelon observed in his dissenting view
in Dougherty. The reasoning of these cases is indefensible.

It violates both equally the Due Process and Equal Protection Clauses to enable the end result of criminal conditions turn on "coded instructions" that we hope and pray
a few jurors will be clever more than enough to recognize and decipher
on their possess, all for the benefit of a select and arbitrarily
decided on group of fortunate defendants.