Butler, Paul D. 1961–

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Paul D. Butler 1961–

Law professor

Paul D. Butler, associate professor at George Washington University Law School and former federal prosecutor, has become an outspoken voice for the advancement of African Americans through jury nullification. He asserts that they must utilize this one legal tool to foster change within their own communities. Notorious for his controversial views, Butler has placed himself in the limelight as a catalyst for radical changes in the current American legal system.

In 1987 Butler joined the prestigious law firm of Williams & Connolly, as the only African American among its 120 attorneys. From there, Butler moved to the Justice Department’s public corruption unit in 1990 where he served for the United States Attorney’s office as a successful prosecutor. As a former federal prosecutor, Butler boasts an impressive record for winning all but one case. Butler became disillusioned with the legal system as statistics and experience opened his eyes to the high percentage of incarcerated African American men.

Looking for a solution to racial inequities within the legal system, Bulter came to support jury nullification. In Harper’s he stated, “Jury nullification occurs when a jury acquits a defendant who it believes is guilty of the crime with which he is charged. In finding the defendant not guilty, the jury ignores the facts of the case and/or the judge’s instructions regarding the law. Instead, the jury votes its conscience.” Butler advocates that African American jurors disregard concrete evidence against nonviolent African American criminals, encouraging their direct release back into the community.

Jury nullification has been practiced in America at different times throughout history. During the late 1800s white Americans used it to protect the rights of slaves. Americans then disregarded the laws of certain states which ruled unjustly toward African Americans. Americans of the 1990s are witness to increasing acquittals, a product of jury nullification. In 1990 Mayor Marion Barry of Washington D.C. was acquitted on drug charges although he was taped using cocaine. A second case involved the highly publicized criminal trial of football star O.J. Simpson acquitted of murdering his former wife and her friend. While public sentiment held that Simpson was responsible for the murders, a jury consisting primarily African Americans acquitted him.

In Harper’s Butler conceded the potential for harm stating, “… it appears that some black jurors now excuse some conduct-like murder-that they should not excuse.” Butler agrees that violent criminals such as rapists and murderers should be incarcerated, though he favors thieves or drug possessors be returned to the community for reform. In Yale Law Review he stated, “How would a juror decide individual cases under my proposal? Easy cases would include a defendant who has possessed crack cocaine and an abusive husband who kills his wife. The former should be acquitted and the latter should go

At a Glance…

Born in Chicago 1961; tenured law professor at George Washington Univesity. Education: St. Ig-nacious Preparatory School; Yale University; Harvard Law School.

Career: Williams & Connolly law firm (1987); Prosecutor injustice Department’s Public Corruption Unit (1990); Professor Georgetown University Law School (1993—).

Addresses: Office–George Washington Univeristy Law School, 2000 H Street NW, Washington, DC 20052.

to prison.”

Cautious scholars and laymen anticipate that defendants may come to view jury nullification as an automatic right, rather than as the exceptional allowance it is meant to be. It remains to be seen if jury nullification will advance or hinder justice. Butler envisions increased equities for African Americans in instances other than those anticipated by the founders of the Constitution.

In the meantime, opponents continue to negate Butler’s views, claiming that impoverished conditions are no excuse for criminal activity. Additionally, opponents to Butler’s measures include prominent members of his own race such as businessmen who prove that self-reliance, family values, a strong work ethic, religious values, and the pursuit of knowledge are the keys with which to unlock racial repression.

Butler has proposed that African Americans can better decide whether or not to allow young black criminals back into their communities rather than having this decision made a majority legal system. Butler purports that the use of jury nullification will resolve social issues faced by black communities including decreased economy and few male role models resulting from incarceration. Indeed, he believes that it may be the only legal power accessible to black Americans. Encouraging jurors to nullify in instances where it will be a lesser evil than incarceration, it is Paul Butler’s aim to provide equity for African American victims of poverty and racism. In his closing remarks in The Yale Law Journal, Butler stated “… I hope that the Essay will facilitate a dialogue among all Americans in which the significance of race will not be dismissed or feared, but addressed.”