Uncategorized

Is the state senate adopting jury nullification?

Or was everybody asleep at the switch?

On April 10, the state senate passed without objection Senate Bill 528, which on its face purports to “clarify” the oath jurors are required to take under the state constitution.

Here’s what the constitution says:

Sec. 7.  Oath.

Before entering upon the duties of an office, a person elected or appointed to the office shall take and subscribe the following oath:

“I, _______________, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as _______________, so help me God.”

But S528 seeks to amend G.S. 9-14, which sets forth the oath for jurors, to say the following:

Each juror shall swear or affirm that he will take (i) the oath required by Article VI, Section 7 of the Constitution of North Carolina, by swearing or affirming to support and maintain the Constitution of the United States and the Constitution and laws of the United States not inconsistent therewith.

Is this what the senate means — that jurors are only obliged to support and maintain the laws of the United State which they deem consistent with the U.S. Constitution?

Certainly the language of S528 is contrary to that in the state constitution and is likely an oversight in need of correction.

Or is it?

 

 

Check Also

State Supreme Court rules retroactive application of teacher tenure repeal is unconstitutional

The state Supreme Court ruled unanimously today that ...

Top Stories from NCPW

  • News
  • Commentary

A court really shouldn’t shirk away from making a finding about a constitutional violation just beca [...]

Jim Womack has a reputation in North Carolina for being many things, but a conservationist isn’t one [...]

Just days after a North Carolina official tapped a Robeson County elementary for a controversial cha [...]

Two groups seeking state contracts to run struggling North Carolina schools have professional ties t [...]

The post Blue Cross Blue Shield rate hike explained appeared first on NC Policy Watch. [...]

President Trump is rarely right about much, but he was correct earlier this year when he observed th [...]

20---amount in dollars of the average federal tax cuts in 2027 for households with children earning [...]

The folks running the General Assembly reached a new low this week in their efforts to dismantle our [...]

Featured | Special Projects

NC Budget 2017
The maze of the NC Budget is complex. Follow the stories to follow the money.
Read more


NC Redistricting 2017
New map, new districts, new lawmakers. Here’s what you need to know about gerrymandering in NC.
Read more