Posted: April 15th, 2022
Jury Nullification
Jury Nullification
Perform some research on jury nullification. When has it been used?
A good example of when jury nullification has been utilized relates to the Prohibition period. During this era, juries who were not in support of the laws that control alcohol would set free defendants who faced smuggling charges. Likewise, juries who were not in agreement with the slavery laws would set free defendants accused of helping runaway slaves, or of being runaway slaves themselves.
Should juries be informed that they have the ability to nullify?
According to the Supreme Court, jury nullification is legal; however, whether or not juries should be informed that they have the ability to nullify is a different issue. The ruling of the Supreme Court is that the power of jury nullification indeed exists, but prosecutors and other lower courts are not permitted to inform jurors about this power (Conrad, 2013).
Is jury nullification an important feature of our legal system or a damaging idiosyncrasy?
Jury nullification is an important feature of our legal system. This is because it acts to avert personal bias from entering into the process of conviction. When a jury hears personal testimony from prosecutors and law enforcement officials, their tendency is to trust these people over the defendant. Jury nullification allows jurors to scrutinize the whole process of justice from the beginning to the end.
Should courts seek to prevent jury nullification or encourage it as an important protection for defendants in limited circumstances? What are your thoughts?
In my opinion, courts should encourage jury nullification as a vital protection for defendants in limited circumstances. When jury nullification is permitted, then jurors are given the right to establish justice as a group. Even if a sole individual is not convinced of guilt or wishes to nullify, then at least, a mistrial can take place that forces another jury to look at the case.
Can you think of some examples in which you would favor jury nullification?
Some of the examples include:
A parent accused of assaulting an individual who abused their child and a doctor exercising mercy killing at the request of their patient.
Reference
Conrad, C. S. (2013). Jury Nullification: The Evolution of a Doctrine. Cato Institute.
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