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Some alleged costs of jury nullification include inconsistent verdicts and discouraging of guilty pleas. [57] There is some question as to whether jury nullification should be disallowed in cases where there is an identifiable crime victim. [58] Jury nullification has more support among legal academics than judges. [59]
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]
Jury nullification in the Mangione case could set a dangerous precedent that undermines the legal system, Rahmani said. “If we can’t convict murderers who are caught in broad daylight in ...
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. ... A juror nullifying in a ...
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 ...
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.
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.
Georgia v. Brailsford, 3 U.S. (3 Dall.) 1 (1794), was an early United States Supreme Court case holding that debts sequestered but not declared forfeit by states during the American Revolution could be recovered by bondholders. [1] It is the only reported jury trial in the history of the Supreme Court. [2]