What states is jury nullification legal?

Far from being an unintended side-effect, jury nullification is explicitly authorized in the constitutions of 24 states. The constitutions of Maryland, Indiana, Oregon, and Georgia currently have provisions guaranteeing the right of jurors to “judge” or “determine” the law in “all criminal cases.”

Is jury nullification allowed in California?

Jurors do not generally admit that they voted to acquit a defendant they otherwise believed was guilty based on their objections to the applicable law. However, since 2001 it has been well-settled that jury nullification is not sanctioned by California law.

Does jury nullification undermine the rule of law?

Relative to a system where laws really are “uniformly applied, without excessive discretion,” jury nullification can indeed undermine the rule of law. This sort of consideration is one of the reasons why I used to oppose jury nullification myself.

Why should I use jury nullification?

List of the Pros of Jury Nullification Nullification can be used as its own form of moral justice. In July 2017, Jayson Newlun was allegedly discovered molesting a 1-year-old girl that was left in his care. 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.

What are arguments against jury nullification?

The argument against jury nullification is essentially that it is an abuse of the very discretion that we grant juries. Juries are charged with applying the law as described by the judge to the facts of the case. Finding someone not guilty because they disagree with the law is technically outside the purview of the jury.

What are the pros and cons of the jury nullification?

Jury Nullification Pros and Cons Juries Have the Responsibility To Use Their Own Judgment. In controversial cases, a judge will often instruct a jury that they are supposed to decide on the merits of the It Could Set Some People Free. It Allows For Variation Within the Law. There Is a Legal Standard for Jury Nullification.