What are some reasons that would lead a jury to nullify?

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.

Is there a right to jury nullification?

In the United States, it is illegal for a judge to direct a jury that it must deliver a guilty verdict, jurors cannot be punished for their verdicts whatever their reasons may be, and a jury’s verdict of not guilty cannot be overturned.

Is jury nullification ever justified?

When we see [jury nullification] in communities with large populations of people of color — so I’m thinking of the District of Columbia, Baltimore, the Bronx, and Oakland, California — prosecutors in those places have to be much more careful about the cases that they bring.

Is jury nullification ethical?

The main ethical issue involved in jury nullification is the tension between democratic self-government and integrity. The argument has been raised that prosecutors are not allowed to seek jury nullification, and therefore defendants should not be allowed to seek it either.

What is nullification law?

Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws which that state has deemed unconstitutional with respect to the United States Constitution (as opposed to the state’s own constitution).

Does jury nullification push against the rule of law?

Despite an intractable judiciary, there is widespread consensus within the legal academy that jury nullification is compatible with the rule of law. This proposition is most strongly tested by “substantive nullifications,” where a jury nullifies simply because it disagrees with the law itself.

Is jury nullification perjury?

In short, it is not legal to punish a juror for their verdict. trying to persuade fellow jurors to nullify one of the charges against the defendant.

Is jury nullification legal in Australia?

Many see jury nullification as a byproduct of two laws that exist in both the US and Australia – laws which protect jury secrecy and safeguard against double jeopardy. Jurors cannot be punished for deciding one way or the other, even if their conclusion does not appear to reflect the state of the evidence.

Is jury nullification legal in Texas?

But Americans should have a legal right called “jury nullification.” That’s when juries can find a defendant innocent even though he or she appears guilty by the rule of a law. In such cases in Texas, the law does not expressly allow a jury to assess the individual circumstances and choose to nullify the law.

What is jury nullification in Canada?

2d 1002 (4th Cir. 1969), the Court affirmed the concept of jury nullification, but upheld the power of a court to refuse to permit an instruction to the jury to this effect. In 1972, in United States v. Dougherty, 473 F.

What is nullification theory?

What is jury nullification Australia?

Hreno, Travis. 2008. Jury nullification occurs when a jury renders a verdict based on what it feels the law ought to demand, as opposed to what the law in fact demands.