So, too, he allowed, it was "very possible" that the decision not to convict arose from "jury nullification
," when jurors believe that a defendant is guilty but refuse to deliver such a verdict, deciding that the underlying law is unjust.
couched in the language of jury nullification
. (263) In inducing the
In other words, these juries were engaging in what is called jury nullification
Ward's appellate public defender, Ellen Flottman, compared Roberts' ruling to a jury nullification
Bias against "the law applicable to the case" is grounds for a challenge for cause, and while you and I know that jury nullification
falls within the bounds of the law, the system in practice does not recognize that principle.
Toward the end of the CBC panel discussion, Michael Enright referred to jury nullification
as simply a jury "doing whatever the hell it wants to do." This reductionist statement was bad enough, but Ms.
Circuit Court of Appeals to bless this unwise interference with the jurors' right to know a legal principle vital to their deliberations.<br />Sachs has a point that jury nullification
has occurred in defense of bad causes as well as good ones.
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.
is the practice of jurors in a criminal trial refusing to convict a criminal defendant despite proof beyond a reasonable doubt of the defendant's guilt.
(19) This can, at times, serve a function analogous to jury nullification
: what this article calls "bail nullification." (20)
Attorney's Office, the government argued, thereby discrediting the prosecution and obtaining "an acquittal based upon jury nullification
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.