Campaign For Liberty — Nullifying the Drug War �� by Jacob Hornberger

Campaign For Liberty — Nullifying the Drug War by Jacob Hornberger: "After both sides have rested in a civil suit, the judge has the power to enter what is called an 'instructed verdict.'He does that if there are no facts in dispute. Since there is nothing for the jury to determine, given that both sides agree on the facts, the judge can dismiss the jury and enter judgment for the side he believes should prevail on the law.

Not so, however, with a criminal case. Even if all the facts are agreed upon -- even if the defendant openly confesses on the witness stand to having committed the offense -- the judge lacks the power to dismiss the jury and summarily enter judgment for the state. The judge must nonetheless send the case to the jury because the jury is the final judge of not only the facts but also the law. It has the power to acquit the defendant even if the evidence conclusively establishes that the defendant has committed the offense."