jury nullification


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jury nullification

n.
Refusal of a jury to find a defendant guilty, even when the facts establish guilt, because of a conclusion that conviction would be contrary to some other concept of justice.
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Among such modes of resolution are the rule of lenity in criminal law, the executive pardon power, the application of equity jurisprudence to "hard cases" or manifest absurdities, the controversial but practically unstoppable power of jury nullification, as well as more rarefied mechanisms such as federal and state religious freedom restoration acts and the power of judicial review itself.
Jury nullification is a longstanding communal power, protected by the Constitution, with undeniable results on case outcomes.
Lastly, the two candidates advocate jury nullification, pointing out that juries historically have been the final barrier to unjust laws and tyrannical prosecutors and judges, because even one holdout juror has the power to acquit an accused, regardless what the law or judge says.
This article will assay another possible basis for the not guilty verdicts, one heretofore little discussed in the Black Sox canon: jury nullification.
Jury nullification is a way to ensure that a law does not violate community standards of justice--ordinary citizens on a jury have the right to decide that a law is unjust.
Jury Nullification and the Post-Reconstruction South D.
Jury Nullification: Jury nullification is the practice of voting in a criminal trial for acquittal in the face of compelling evidence of guilt.
Commenting on jury nullification as it is applied today in the United States, Robert Schopp argues that nullification represents "deliberate, conscientious, jury deviation"; nullification can promote the goals of the criminal justice system by taking into account "overriding values such as justice or fairness," and thereby promote the ends of the system (2081-82).
In the end, the criminal trial concluded without convictions, according to Lamb, because jury nullification had occurred.
Many Free Staters will tell you that one of their biggest wins so far was the passage and strengthening of jury nullification laws.
Webster personally led one of the prosecutions, but public sentiment in New England against slavery was so strong that jury nullification became commonplace on slavery issues.
Rachel Barkow aptly interprets the Sparf decision as distinguishing the power of the jury to participate in jury nullification from the right of a jury to do so.