Jury Nullification

[randalee]

And what do you think about it? From Wikipedia:

"Jury nullification is a de facto power of the jury, and is not ordinarily described as a right. The power of jury nullification derives from an inherent quality of most modern common law systems?a general unwillingness to inquire into jurors' motivations during or after deliberations. A jury's ability to nullify the law is further supported by two common law precedents: the prohibition on punishing jury members for their verdict, and the prohibition on retrying criminal defendants after an acquittal (see related topic double jeopardy)."

Anyone encounter a case where this tactic was used? I know of Jack Kevorkian cases, where he did not deny assisting patients' deaths, but he was found not guilty irregardless. Same with some minor drug cases, etc. If a jury is the "backbone" of the American system (Justice Scalia), then isn't this highly important for juries to know about?

 

[DaveSimmons]

OJ Simpson of course.

Edit: "if he did it" I suppose I should say, he's only a convicted murderer in civil court not criminal. Chewbacca defense FTW!

 

[Jeeebus]

I believe a professor from back at my law school was highly regarded and wrote several articles on the subject, at least when it involved race.

Try to google "Paul Butler" and nullification and see what you find.

 

[GagHalfrunt]

There are millions of cases on record. It's mostly used in cases of "temporary insanity" or "self-defense". The jury simply finds a defendent that it wants to spring because the other guy had it coming to him, so they ignore the law and spring him. The US Judicial system is broken beyond belief. The fact that juries can choose to rewrite the law to their own whims is the least of its troubles.

 

[randalee]

You honestly believe that this is a PROBLEM for a jury to nullify a case? It was put in place to protect the people from corrupt governments and unjust laws. Stuff like, "Let's make an example of THIS person."

 

[kumanchu]

the american system also has something to stop runaway juries (from doing things that they simply "want" to do and ignoring the law and what fact they should be finding)

called:

directed verdict

 

[XZeroII]

Originally posted by: kumanchu
the american system also has something to stop runaway juries (from doing things that they simply "want" to do and ignoring the law and what fact they should be finding)

called:

directed verdict

which I think is much worse.

 

[IronWing]

Originally posted by: randalee
You honestly believe that this is a PROBLEM for a jury to nullify a case? It was put in place to protect the people from corrupt governments and unjust laws. Stuff like, "Let's make an example of THIS person."

Yup, it is a problem. Klansmen were able to get away with lynching due to pervasive jury nullification. White juries simply weren't going to convict white men for the murder of black men. Also, should jury nullification become widespread it opens the way to more jury tampering. I sympathize strongly with the desire to get rid of bad laws but jury nullification isn't the proper path to achieving that end.

 

[FoBoT]

i saw that movie with john cusack

http://imdb.com/title/tt0313542/

 

[GagHalfrunt]

Originally posted by: kumanchu
the american system also has something to stop runaway juries (from doing things that they simply "want" to do and ignoring the law and what fact they should be finding)

called:

directed verdict

Directed verdicts can't be used to overturn jury nullification and convict a person that was wrongfully acquitted. They can only be used to free someone wrongly convicted. In some places they can't be used in criminal trials at all, only in civil cases.

 

[kumanchu]

Originally posted by: GagHalfrunt

Originally posted by: kumanchu
the american system also has something to stop runaway juries (from doing things that they simply "want" to do and ignoring the law and what fact they should be finding)

called:

directed verdict

Directed verdicts can't be used to overturn jury nullification and convict a person that was wrongfully acquitted. They can only be used to free someone wrongly convicted. In some places they can't be used in criminal trials at all, only in civil cases.

directed verdict is a form of JMOL. JMOL can happen before, during, or after a jury finding. in anycase, jury nullification doesn't come up very often, and run away juries can be kept in check to review the issue at hand.