Jurors were originally charged with judging not just the facts but also with nullifying unjust applications of the law. As such the people and not the judicial or the legislative retains the final say on whether an individual can be imprisoned and can thwart the contrasting will of their representatives directly one case at a time if need be.
During a disturbing period in history juries in the south allowed bigotry to cause them to abuse this power. The courts seized on the opportunity and used this to justify no longer advising juries of their nullification powers (even though justices were just as abusive as juries). The judge answers to the jury and not the other way around and the courts do not have the authority to remove the rights of jurors. This should be explicitly affirmed.



