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Jury nullification sometimes takes the form of a jury convicting the defendant of lesser charges than the prosecutor sought. [13] In the 21st century, many discussions of jury nullification center around drug laws that many consider unjust either in principle or because they disproportionately affect members of certain groups.
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. This may happen when jurors disagree ...
Jury nullification may also occur in civil suits, in which the verdict is generally a finding of liability or lack of liability (rather than a finding of guilty or not guilty). [22] The main ethical issue involved in jury nullification is the tension between democratic self-government and integrity. [23]
United States v. Thomas, 116 F.3d 606 (2nd Cir. 1997), [1] was a case in which the U.S. Court of Appeals for the Second Circuit ruled that a juror could not be removed from a jury on the ground that the juror was acting in purposeful disregard of the court's instructions on the law, when the record evidence raises a possibility that the juror was simply unpersuaded by the Government's case ...
Make no mistake, jury nullification, like it or not, is as American as apple pie: Courts recognize that jurors surely have the power to nullify, even if not the right.
Others, like CNN legal commentator Elie Honig, said that the case carries the “highest risk” of jury nullification precisely due to the popularity of the 26-year-old.
The theory of state nullification has never been legally upheld by federal courts, [4] although jury nullification has. [ 2 ] The theory of nullification is based on a view that the states formed the Union by an agreement (or "compact") among the states, and that as creators of the federal government, the states have the final authority to ...
Sparf remains the last direct opinion of the Court on jury nullification. Justice Gray spoke for those dissenting, saying "It is universally conceded that a verdict of acquittal, although rendered against the instructions of the judge, is final, and cannot be set aside; and consequently that the jury have the legal power to decide for ...