What are examples of jury nullification?
Some commonly cited historical examples of jury nullification involve jurors refusing to convict persons accused of violating the Fugitive Slave Act by assisting runaway slaves or being fugitive slaves themselves, and refusal of American colonial juries to convict a defendant under English law.
Is it illegal to mention jury nullification?
The Supreme Court has ruled that while the power of jury nullification exists, state courts and prosecutors are not required to inform jurors of this power. Accordingly, judges around the country have routinely forbidden any mention of jury nullification in the courtroom.
Is jury nullification good?
This may sound radical, perhaps even subversive, but jury nullification serves as an important safeguard against unjust laws, as well as against the unfair application of well‐intended laws. It’s also steeped in American and British legal tradition.
What is jury nullification for dummies?
Jury nullification is a jury on purpose ignoring evidence or refusing to apply the law as explained in the jury instructions. A jury may feel the application of the law is unfair, unjust, or immoral in some way or may want to “send a message” about some social issue.
Why jury nullification is bad?
In addition, jury nullification critics tend to overstate their case by claiming that jury nullification “overrides the democratically expressed will of the citizenry.” Jury nullification does not repeal bad laws, rather it allows juries to show mercy for defendants if they believe the law is wrong or is simply being …
What does jury nullification?
In its strictest sense, jury nullification occurs when a jury returns a Not Guilty verdict even though jurors believe beyond reasonable doubt that the defendant has broken the law.
Is jury nullification allowed in California?
Jurors do not generally admit that they voted to acquit a defendant they otherwise believed was guilty based on their objections to the applicable law. However, since 2001 it has been well-settled that jury nullification is not sanctioned by California law.
What are the pros of jury nullification?
List of the Pros of Jury Nullification
- Nullification can be used as its own form of moral justice.
- It prevents personal bias from entering into the conviction process.
- The process provides needed checks and balances in the justice system.
- It allows juries to have the final say.
How is jury nullification bad?
Why is jury nullification important?
Jury nullification has a history of helping stop unfair laws If someone is convicted and there is no evidence to support the conviction, then a judge can overturn the conviction. But if someone is found not guilty, there’s nothing that a judge can do even if the judge doesn’t agree with the verdict.
Why is nullification good?
First, nullification is a legally valid power for the states to exercise. A refusal to nullify unconstitutional federal actions creates a corresponding lack of consent for constitutional ones. This, in turn, transforms our government from a government by consent to a government by compulsion.
When does jury nullification occur in a trial?
Jury nullification occurs when a jury returns a verdict of “Not Guilty” despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wrongly applied to the defendant whose fate they are charged with deciding. When has jury nullification been practiced?
Is the Blythe case an example of jury nullification?
Blythe’s 1998 case is a clear-cut example of jury nullification, or jury equity, as it is sometimes known in the UK. In deviating from both the law’s charge, and the judge’s instructions, the jury exercised its longstanding right to return an independent verdict.
Can a jury nullify the legalization of cannabis?
In the United States, cannabis legalisation has only been passed in referendums. The delay between the recognition of injustice and reparative legislative action renders jury nullification a valuable corrective. Unlike periodic lawmaking, the right of nullification may be exercised whenever an individual is charged with a crime.
Which is an example of a nullification case?
Proponents also cite later examples of Americans refusing to convict defendants charged with violating unjust laws such as the Alien and Sedition Act and the Fugitive Slave Act. In recent times, proponents advocate nullification in cases involving “victimless” crimes, such as possession of medicinal marijuana.