What are the pros of jury nullification?

List of the Pros of Jury Nullification

• Nullification can be used as its own form of moral justice.
• It prevents personal bias from entering into the conviction process.
• The process provides needed checks and balances in the justice system.
• It allows juries to have the final say.

Is jury nullification a problem?

Jury nullification is the source of much debate. Some maintain that it is an important safeguard of last resort against wrongful imprisonment and government tyranny. Others view it as a violation of the right to a jury trial, which undermines the law. Some view it as a violation of the oath sworn by jurors.

Can the defense argue for jury nullification?

Defendants are not entitled to an instruction that tells the jury of their power to nullify. Closing arguments. Defense counsel might attempt to tell the jury that they have the power to ignore the law, but such attempts are almost always impermissible and result in contempt of court findings.

Is jury nullification unjust?

Although the roles of judge and jury see a separation today, the idea of jury nullification still raises arguments and questions. Those for jury nullification view it as a basic constitutional protection against unjust laws.

How does jury nullification hurt the criminal justice system?

Jury nullification has a history of helping stop unfair laws If someone is convicted and there is no evidence to support the conviction, then a judge can overturn the conviction. But if someone is found not guilty, there’s nothing that a judge can do even if the judge doesn’t agree with the verdict.

Is jury nullification a constitutional right?

Jury nullification is legal according to the U.S. Supreme Court, but whether or not juries need to be instructed on this right is a different matter. The Supreme Court has ruled that while the power of jury nullification exists, state courts and prosecutors are not required to inform jurors of this power.

Can you be on a jury if you know about jury nullification?

For the most part, the answer is no. 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.

What is jury nullification and how does it affect my case?

When jury nullification happens, the defendant in the case is found to be “not guilty” of the charges against them. The verdict is handed down, even if the jury believes that the defendant is actually guilty.

Should a random sample of the population nullify a law?

If legislatures are representing the people, a random sample from the population should not be expected to nullify law. The argument against jury nullification is that one class of citizen is inherently superior (blacks vs whites, medical doctors vs people), and it makes it too expensive to for this class to oppress.

Should the power of nullification be taken away?

As Paul Butler, a Georgetown University law professor and former federal prosecutor suggests, “nullification is like any other democratic power; some people may try to misuse it, but that does not mean it should be taken away from everyone else.”

How does a jury decide if someone is not guilty?

Finding someone not guilty because they disagree with the law is technically outside the purview of the jury. The judge determines issues of law, and the interpretation thereof, and the jury is there to decide issues of fact – what happened, who did it, etc.