What are some of the negative aspects of jury nullification?
List of the Cons of Jury Nullification
- Juries that are instructed that they can nullify are more likely to do so.
- It can take away the will of the population.
- It stops prosecutors from pursuing defendants that are likely guilty.
- It can stop guilty people from going to prison.
What is an example of jury nullification?
Jury nullification takes place when jurors acquit a defendant who is factually guilty because they disagree with the law as written. For example, during Prohibition, juries who disagreed with alcohol control laws often acquitted defendants who had been caught red handed smuggling alcohol.
Is it illegal to discuss jury nullification?
Yes, jury nullification is legal in the United States and many other countries as well. The rest of this section will discuss only the details with respect to the United States.
Do you think the risk of jury nullification undermines the legitimacy of the trial process?
Relative to a system where laws really are “uniformly applied, without excessive discretion,” jury nullification can indeed undermine the rule of law. This sort of consideration is one of the reasons why I used to oppose jury nullification myself. But, sadly, we do not in fact have such a system.
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 are some problems with nullification?
The tariff rates were reduced and stayed low to the satisfaction of the South, but the states’ rights doctrine of nullification remained controversial. By the 1850s, the issues of the expansion of slavery into the western territories and the threat of the Slave Power became the central issues in the nation.
Is jury nullification good or bad?
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.
Is the term’jury nullification’a bad term?
And that’s jury nullification. Now, the term ‘nullification’ I think is a bad term. It’s used to describe the power of a iury to acquit if they believe that a particular law is oppressive, or if they believe that a lawv is fair, but to apply it in certain circumstances would be oppressive.
Can a criminal defense lawyer present a nullification argument?
This decision has led to the common practice by U.S. judges of penalizing criminal defense lawyers who try to present a nullification argument in front of the jury. Consequently, jury nullification is seen as a de facto power of juries.
Do you have the right to nullify a verdict?
The verdict is handed down, even if the jury believes that the defendant is actually guilty. It is the right of any jury to nullify a verdict. In the United States, jury members may not be required to be advised of their right to nullify during the instructional portion of their service.
What happens when a jury returns a verdict of not guilty?
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.