Had one juror considered and opted to
exercise jury nullification, this man would be alive today.
Not exact matches
«
Jury nullification is a curious paradox: it is the jury's prerogative to disregard the law without actually committing an unlawful offense in doing so; its exercise is literally illegitimate (contrary to law) but practically legitimate (allowed by l
Jury nullification is a curious paradox: it is the
jury's prerogative to disregard the law without actually committing an unlawful offense in doing so; its exercise is literally illegitimate (contrary to law) but practically legitimate (allowed by l
jury's prerogative to disregard the law without actually committing an unlawful offense in doing so; its
exercise is literally illegitimate (contrary to law) but practically legitimate (allowed by law).
«
Jury nullification is the de facto ability of the jury to refuse to apply the law as instructed by the court, choosing instead to acquit out of compassion or compromise or because of the jury's assumption of a power which they had no right to exercise, but to which they were disposed through lenity.&ra
Jury nullification is the de facto ability of the
jury to refuse to apply the law as instructed by the court, choosing instead to acquit out of compassion or compromise or because of the jury's assumption of a power which they had no right to exercise, but to which they were disposed through lenity.&ra
jury to refuse to apply the law as instructed by the court, choosing instead to acquit out of compassion or compromise or because of the
jury's assumption of a power which they had no right to exercise, but to which they were disposed through lenity.&ra
jury's assumption of a power which they had no right to
exercise, but to which they were disposed through lenity.»
Even though
nullification is a power that
juries have already
exercised, New Hampshire was the only state to propose such a law.
These include legislation, prosecutorial charging guidelines, court challenges,
jury nullification, the
exercise of prosecutorial discretion in the absence of offence - specific charging guidelines, and the
exercise of judicial discretion in sentencing.
While prosecutors and judges typically frown on such verdicts and prefer to keep this right secret from jurors so they can not
exercise it, there is nothing illegal about
jury nullification and jurors can not be punished for their verdicts.
If so, this could be just a thuggish attempt to intimidate people from
exercising their right to talk about
jury nullification.