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Old 08-27-2008, 11:50 AM   #1
Smoknbabe
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Jury Nullification


Jury Nullification as described in Wikipedia
Jury nullification means making a law void by jury decision, in other words "the process whereby a jury in a criminal case effectively nullifies a law by acquitting a defendant regardless of the weight of evidence against him or her."[1]

Jury nullification is more specifically any rendering of a verdict by a trial jury, acquitting a criminal defendant despite the defendant's violation of the letter of the law. This verdict need not disagree with the instructions by the judge concerning what the law is, but may disagree with an instruction, if given by the judge, that the jury is required to apply the law to the defendant if certain facts are found.

Although a jury's refusal relates only to the particular case before it, if a pattern of such verdicts develops in response to repeated attempts to prosecute a statutory offense, it can have the practical effect of disabling the enforcement of the statute. "Jury nullification" is thus a means for the people to express opposition to an unpopular legislative enactment.

The jury system was established because it was felt that a panel of citizens, drawn at random from the community, and serving for too short a time to be corrupted, would be more likely to render a just verdict, through judging both the accused and the law, than officials who may be unduly influenced to follow merely the established law. Jury nullification is a reminder that the right to trial by one's peers affords the public an opportunity to take a dissenting view about the justness of a statute or official practices.

Despite perceived righteous applications of jury nullification, this verdict anomaly can also occur simply as a device to absolve a defendant of culpability. Sympathy, bias or prejudice can influence some jurors to wholly disregard evidence and instruction in favor of a sort of "jury forgiveness."

“ I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution. ”
—Thomas Jefferson, 1789 letter to Thomas Paine

“ The jury has the right to judge both the law as well as the fact in controversy. ”
—John Jay, first Chief Justice of the United States Supreme Court



Historical examples include American revolutionaries who refused to convict under English law,[2] juries who refuse to convict due to perceived injustice of a law in general,[3] the perceived injustice of the way the law is applied in particular cases,[4] and cases where the juries have refused to convict due to their own prejudices such as the race of one of the parties in the case.[5]
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