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Kalven's and Zeisel's study of the American jury found that juries acquitted when judges would have convicted in only 19% of cases, and of these, only 21% of the acquittals were attributable to jury nullification. [12] Jury nullification sometimes takes the form of a jury convicting the defendant of lesser charges than the prosecutor sought. [13]
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 ...
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.
Some commonly cited historical examples of jury nullification involve jurors refusing to convict persons accused of violating the Fugitive Slave Act by assisting runaway slaves or being fugitive slaves themselves, and refusal of American colonial juries to convict a defendant under English law. [8] Jury nullification is the source of much debate.
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 ...
Immediately following the trial, polling showed that most African Americans believed Simpson was innocent [3] and justice had been served, while most White Americans felt he was guilty and the verdict was a racially motivated jury nullification [4] [5] by a mostly African-American jury. [6]
Google went to appeals court Monday in an attempt to convince a three-judge panel to overturn a jury's verdict declaring its app store for Android smartphones as an illegal monopoly and block the ...