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A jury nullification advocacy group estimates that 3–4% of all jury trials involve nullification, [10] and a recent rise in hung juries (from an average of 5% to nearly 20% in some locales) is seen by some as indirect evidence that juries have begun to consider the validity or fairness of the laws themselves (though other reasons such as the ...
Whether a judge may punish a juror for practicing jury nullification. Whether all legal arguments, except perhaps on motions in limine to exclude evidence, should be made in the presence of the jury. In some cases in the United States, a stealth juror will attempt to get on a jury in order to nullify the law. [24]
We must therefore accept that the jury are no more judges of law in criminal than in civil cases, with the qualification that, owing to the peculiar doctrine of autrefois acquit, a criminal acquittal by a jury cannot be overhauled by the court.’" Sparf remains the last direct opinion of the Court on jury nullification.
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 ...
The push for federal charges came from the US Attorney’s office, multiple law enforcement sources told CNN. ... “Jury nullification is the secret hope and dream of every defense attorney that ...
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 ...
Allen v. United States, 164 U.S. 492 (1896), was a United States Supreme Court case that, among other things, approved the use of a jury instruction intended to prevent a hung jury by encouraging jurors in the minority to reconsider. The Court affirmed Alexander Allen's murder conviction, having vacated his two prior convictions for the same crime.
Rebuffed repeatedly by chief justice James DeLancey during the trial, Hamilton decided to plead his client's case directly to the jury. After the lawyers for both sides finished their arguments on August 5, 1735, the jury retired only to return in ten minutes with a verdict of not guilty, [15] [16] [17] a famous example of jury nullification.