Are there situations when jury nullification can be justified?
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Are there situations when jury nullification can be justified?
Jurors may wish to nullify for a number of reasons, including a belief that the law is unjust or unjustly applied, belief that the penalty for violating the law is too harsh, or belief that there are mitigating circumstances that would make strict enforcement of the law unjust in a particular case.
Was the OJ trial jury nullification?
Simpson Was Acquitted : Code Switch : NPR. The Jury Is Still Out On Why O.J. Simpson Was Acquitted : Code Switch Twenty years after O.J. Simpson was accused of murdering his ex-wife and her male friend, reverberations from his trial and acquittal still ripple through Los Angeles.
Is jury nullification a thing in Australia?
Yes jury nullification exists in Australia. In the Victorian Charter of Human Rights, a quasi legal document, it says in s24.
Is it illegal to discuss jury nullification?
You should NOT discuss jury nullification with your fellow jurors. It is well-established that it is perfectly legal for a juror to vote not guilty for any reason they believe is just. However, courts have also decided that they can remove jurors for considering their option to conscientiously acquit.
What is an example of jury nullification?
Jury nullification takes place when jurors acquit a defendant who is factually guilty because they disagree with the law as written. For example, during Prohibition, juries who disagreed with alcohol control laws often acquitted defendants who had been caught red handed smuggling alcohol.
Why is jury nullification important?
Jury nullification has been authorized in the United States since 1895. It gives individuals the right to judge the law, just as they are judging the defendant. For this reason, judges often instruct jurors not to research the case on their own, including whatever punishment may apply.
Who killed Simpson?
Two years after her divorce from Simpson, Brown was killed at her home in Los Angeles, California, on June 12, 1994, along with her friend, restaurant waiter Ron Goldman….
| Nicole Brown Simpson | |
|---|---|
| Died | June 12, 1994 (aged 35) Los Angeles, California, U.S. |
| Cause of death | Homicide by stabbing and slashing |
Is jury nullification legal in Canada?
Although extremely rare, jury nullification occurs in Canada. As the prosecution has powers to appeal the resulting acquittal, it lacks the finality found in the United States. However, the Crown cannot appeal on grounds of an unreasonable acquittal although it can appeal on errors of law.
What is the term jury nullification?
A jury’s knowing and deliberate rejection of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself, or because the result dictated by law is contrary to the jury’s sense of justice, morality, or fairness.
What does it mean when a case is nullified?
Nullify means to remove the force, effectiveness, or value of something. The thing nullified is the refered to as null and void, or as being a nullity. Juries may also nullify the law instructed to be applied in a case to be decided, which is refered to as jury nullification. …
Does Canada have jury nullification?
Summary matters are tried in provincial criminal courts, where there are no jury trials at all. with a finding of guilt or innocence. In rare cases, however, a process called jury nullification occurs, which changes the shape of Canadian law.