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.”
What is the right policy on jury nullification?
“Juror nullification is your right to refuse to enforce bad laws and bad prosecutions .” “Once you know your rights and powers, you can veto bad laws and hang the jury.”
Is jury nullification legal?
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. ...
What does the US Constitution say about jury trials?
The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
Where is jury nullification in the Constitution?
The American jury draws its power of nullification from its right to render a general verdict in criminal trials, the inability of criminal courts to direct a verdict no matter how strong the evidence, the Fifth Amendment’s Double Jeopardy Clause , which prohibits the appeal of an acquittal, and the fact that jurors ...
What are the limits of jury nullification?
The law limits the courts ‘ ability to inquire into jurors’ motivations during or after a verdict . Jurors cannot be punished for their verdict, even if they reached it improperly.
What happens if you say jury nullification?
Jurors cannot be punished for reaching a “wrong” decision (such as acquitting a defendant despite their guilt being proven beyond a reasonable doubt). ... A defendant who is acquitted cannot in many jurisdictions be tried a second time for the same offence.
Why jury nullification is bad?
In addition, jury nullification critics tend to overstate their case by claiming that jury nullification “overrides the democratically expressed will of the citizenry.” Jury nullification does not repeal bad laws , rather it allows juries to show mercy for defendants if they believe the law is wrong or is simply being ...
Why is nullification illegal?
Nullification is usually considered to be an act by a state finding a federal law unconstitutional , and declaring it void and unenforceable in that state. A nullification act often makes it illegal to enforce the federal law in question. ... Interposition also involves a declaration that a federal law is unconstitutional.
Do all 12 jurors have to agree?
When the jury struggles to all agree on the same verdict, the judge may decide that a verdict can be returned if a majority of the jury can reach an agreement . This is known as ‘majority verdict’ and normally means that the judge is content to receive a verdict if 10 or more of the 12 jurors are in agreement.
Can you get in trouble for mentioning jury nullification?
The short answer is no. This principle comes from Bushell’s Case, a 1670 English ruling . Edward Bushell was a juror in a case against William Penn and William Mead.
Does jury nullification have to be unanimous?
Because the Not Guilty verdict cannot be overturned, and because the jurors cannot be punished for their verdict, the law is said to be nullified in that particular case. ... There is no requirement that jurors must come to a unanimous verdict .
Is mandatory jury duty constitutional?
There is no constitutional requirement that a person go to court for jury duty. But jury service is required by all state and federal statutory legal frameworks. The purpose of these laws is to give effect to the constitutional rights regarding jury trials that do exist in our Constitution.
What does the 6th Amendment say?
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial , by an impartial jury of the State and district wherein the crime shall have been commit- ted, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusa- tion; to be ...
Why is trial by jury considered an essential right?
Because “a general grant of jury trial for serious offenses is a fundamental right, essential for preventing miscarriages of justice and for assuring that fair trials are provided for all defendants,” the Sixth Amendment provision is binding on the states through the Due Process Clause of the Fourteenth Amendment.
What is the 9th amendment in simple terms?
Ninth Amendment, amendment (1791) to the Constitution of the United States, part of the Bill of Rights, formally stating that the people retain rights absent specific enumeration . ... The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
