Jury Nullification, Enlightened Conscience & Spirit-Led Interpretation—Richard Murray

This is a term worth knowing— “jury nullification.” It basically means a jury has the inherent power to nullify the legal guilt of any defendant when they sit in judgment. 

Simply put, they don’t have to convict, no matter how much the evidence points to the defendant’s guilt. 

Where I practice law, I have to argue this very carefully. While the jury has the inherent power to transcend the facts and find any defendant not guilty, lawyers are not allowed to DIRECTLY tell the jury they can. We can hint at it, but we can't specifically argue it. 

The way I indirectly present it to the jury is to say that juries have what the law calls an "enlightened conscience," which is one of the first terms we learned during law school. I tell them if their consciences are wavering and unsettled about finding my client guilty, they can and should follow their enlightened conscience. I tell them their hearts process facts along with their minds, and not to just rely on their intellect but their hearts and guts as well.

I believe this same dynamic applies to interpreting Scripture. We can nullify the dead letter of Scripture when our consciences cry out “NO!” Our consciences, as Origen said, are the divine chambers of justice which prompt the truths of God in their purest form. 

I have been told on more than one occasion that I am teaching error because I say we should follow our Spirit-quickened consciences when reading Scriptures (not to mention following them as well when we do most anything else). 

One person commented to me, “You lost me at saying we should follow our Spirit-quickened consciences.” The person went on the say that only the Bible is authoritative and our consciences have nothing to do with determining the truth of it. 

Can what this person said possibly be true? 

Well, it makes some sense to first see what the Scriptures actually say about the human conscience. It’s amazing the literalist who corrected me by claiming that “only the word of Scripture is to be used to determine truth” doesn’t even know that the Bible repeatedly encourages us to use our human consciences to bear witness with the inner testimony of the Holy Spirit. 

“I say the truth in Christ, I lie not, my conscience also bearing me witness in the Holy Spirit….” Romans 9:1

“For our rejoicing is this, the testimony of our conscience….” 2 Corinthians 1:12

Scriptures reveal that the conscience can be good in the sense of blameless, clear, clean, and pure (Acts 23:1; 24:16; 1 Tim. 1:5, 19; 3:9; 2 Tim. 1:3; Heb. 13:18; 1 Pet. 3:16, 21). The conscience can be cleansed, cleared, perfected, purified, washed, purged, and sprinkled clean (Heb. 9:9, 14; 10:22). 

But, having a cleansed and purged conscience then allows us do what? In other words, WHAT exactly IS the purpose of a clear conscience? 

Here is an astounding truth. In the Old Testament imagery of the Temple, we find prophetic shadows of our “inner beings” under the New Covenant. The New Testament certainly exhorts us to penetrate and apply this symbolism to our lives today, here, and now.  “Do you not know that you are God's temple and that God's Spirit dwells in you?” – 1 Corinthians 3:16.

Simply put, our conscience is our “inner high priest” which has been sprinkled and anointed by Christ to enter into His Holy of Holies which resides deep within each of us. 

It is with our consciences that we access, penetrate, exchange, and then express the Testimony of Christ. The conscience, then, is a crucial spiritual organ. God wants us to find our Spirit-quickened consciences when we read Scripture, not lose them.  

Some people LOSE their sensitivity of conscience when reading the Bible. They deaden themselves to mercy, goodness, and love by embracing the "dead letter" reading of OT wrath, OT cruelty, and OT hostility. Paul warns us not to let this happen in 2 Corinthians 3. 

Others FIND their consciences when reading the Bible. They instead deaden themselves to OT wrath, OT cruelty and OT hostility by embracing Jesus' indwelling Spirit and personality as God's complete goodwill toward mankind.

In this challenging day of combative rhetoric and conflicting posturing, let’s find and follow our consciences to find the tender tone of Christ.

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