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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]
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 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 ...
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 ...
Rahmani said there is a “very high possibility” of jury nullification in his case where a sympathetic juror could hold out for Mangione. This photo, provided by the Hawaii Dept. of Land and ...
In a criminal libel case, R. v. Shipley (1784), 4 Dougl. 73, 99 E.R. 774, at p. 824, Lord Mansfield, sitting as a judge in the case, disparaged the practice of jury nullification: So the jury who usurp the judicature of law, though they happen to be right, are themselves wrong, because they are right by chance only, and have not taken the ...
Colorado Governor Jared Polis in June 2020 tasked the state attorney general's office with investigating the case. A state grand jury indicted the officers and paramedics in 2021.
Sparf v. United States ended the 100-years old custom of informing the jury of their right to decide both statutory law and facts. Since then, judges do not inform juries of their power to nullify the case statute, although that power is universally acknowledged. Justice Harlan, speaking for the majority, quoted Kane v. Com., 1 Cr. Law Mag. 51, 56: