The majority decision constitutionalizes a distinction between a red leather pouch and a paper bag that is necessarily based at least in some part on economic and class differences and perceptions.
David L. BazelonNullification is not a 'defense' recognized by law, but rather a mechanism that permits a jury, as community conscience, to disregard the strict requirements of law where it finds that those requirements cannot justly be applied in a particular case.
David L. Bazelon