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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.
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 ...
The cover of The Citizens Rule Book. Citizens Rule Book is a handbook written to educate American citizens regarding their rights and responsibilities. It is a compilation of quotes from founders of the United States of America and select government documents, including information on the rights of a jury to "nullify bad law" and acquit people on trial. [1]
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.
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]
[2] The Cato Institute refers to the book as an "eye-opening history" of jury independence, the relevant laws, and the implications of jury nullification. [3] The book surveys the history of jury nullification, describing how it has changed with cases such as Sparf v. United States and with the advent of death-qualified juries. It ends with a ...
Some prosecutors and law enforcement professionals are strongly opposed to the notion that juries can nullify undesirable laws. [17] In 2008, Clay Conrad, author of Jury Nullification: The Evolution of a Doctrine, quit the organization, stating that it was "so centered on jury nullification that it was ignoring the numerous threats that exist to the jury as an institution," [18] as evidenced ...
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 ...