As Jury Rights Day approaches, Joanne Eisen and Alan Chwick help make the jury's secret
power of jury nullification a little less secret.
Confused law enforcement officers repeatedly demanded that Babb stop handing out general educational information regarding the
right of jury nullification.
The
concept of jury nullification got a recent boost of exposure in the San Diego media when Mayor Bob Filner publicly advocated for jury nullification in the -LSB-...]
Brandt is also charged for allegedly handing out flyers on 27 July 2015 informing people of jurors» right to conscientiously acquit by
way of jury nullification at the Lindsey - Flanigan Courthouse in Denver, Colorado.
Advocates
of jury nullification did their best to improve a bill expanding a jury's ability to nullify laws, but the bill won't be making it to a vote this session.
«The
doctrine of jury nullification (is) the power of a jury to bring in a verdict in the teeth of both law and facts, a technical right, if it can be called so, to decide against the law and the facts.
These efforts culminated in the enactment of HB 146 in 2012, which was viewed by some proponents
of jury nullification instructions as a victory, but by others as too watered down to be meaningful; and so efforts have continued.
It gets some information wrong, but argues in
favor of jury nullification as the last line of defense against unjust laws, citing numerous cases of people being arrested for minor offenses.
Two other Oregon bills would change the way the courts handle juries in criminal cases, mandating the
use of jury nullification instructions.
In addition to failing to procure enough evidence to substantiate charges against most of the individuals targeted in the investigation, the report cites the
possibility of jury nullification as a reason for not prosecuting two individuals on cannabis - related charges:
Without additional encounters with the
idea of jury nullification, a single mention of it may not be enough to give someone the confidence to use it.
In a whirlwind tour of American history and political theory, Wills finds at least some of his constellation of antigovernment values at work in the theory of nullifiers from John Taylor of Caroline, Thomas Jefferson (of the Kentucky Resolutions) and John C. Calhoun, who argued for the constitutional right of states to reject federal law, to contemporary «academic nullifiers» such as law professor Akhil Amar, who has offered a limited
defense of jury nullification.
This week FIJA activist Skip Robinson, who is involved in our Florida campaign, discusses the
importance of jury nullification in delivering justice to defendants who have harmed nobody.
Yes, you put it in terms of the «community conscience» ethical issue, which you put in
terms of jury nullification only, but that doesn't make it independent of the adjudicative role.
«Even without juries being
informed of jury nullification, cases have been won here in New Jersey with jurors, after watching defendant testimony, deciding for either moral or personal reasons not to convict, concluding that the charges were unjust,» Peditto said.
Activists in several states are promoting the
practice of jury nullification as a way to prevent the miscarriage of justice by the judiciary and the police.
While FIJA previously pointed out that the Malheur Refuge occupation acquittals were probably not the
result of jury nullification, we have been keeping an eye on other related trials, such as this one, for potential conscientious acquittals.
Usually when people
think of jury nullification, they tend to envision the most obvious sorts of cases for conscientious acquittal — victimless offenses in which the state is trying to punish people who may have offended others» sensibilities through their actions but who have not actually harmed anyone else or their property.
In A Time to Kill, we are challenged to consider one of the tougher
types of jury nullification cases in which the jury is asked to forgive someone who committed a real crime, but one with extenuating circumstances that might make strictly enforcing the law unjust.
It's no secret that judges, prosecutors, and other government officials are not usually
fans of jury nullification, for obvious reasons such as that juries have the power to overrule them in court.
«If you choose to find the defendant not guilty by
reason of jury nullification, then you should check the box marked jury nullification on the verdict form.»
If you as the jury find the evidence shows the defendant violated the law, but you disagree with the law you are being asked to consider as part of your deliberations, and believe such a law should not be enforced, then you have the legal authority to return a verdict of not guilty on the
ground of Jury Nullification.
Supreme Court Justice Sonia Sotomayor said Monday that the Second Circuit's harsh
view of jury nullification may be wrongheaded, and that there is a place for juries to make findings that contradict the law — a topic that came up in the context of Sen. Claire McCaskill's recent jury service.
This broader
sense of jury nullification is distinguished from cases where the jury sincerely tried to reach a correct verdict based upon the jury instructions but screwed up in their interpretation of the jury instructions and / or their understanding of what happened factually.
That's pretty much the
definition of jury nullification, and the Supreme Court has said on multiple occasions that it's a good enough reason to keep someone off a jury.
I'm merely presenting them with the complete picture of all of their options, including the
right of jury nullification that they will typically either not be informed about or will be explicitly misinformed about once they get into a courtroom.
In 2014, the House considered HB 1452 (discussed here) which proposed to replace the language of RSA 519:23 - a and more explicitly require that the jury be informed of the
concept of jury nullification.
Zenger was acquitted in one of the first
examples of jury nullification, but Alexander was disbarred for challenging the commissions of the judges presiding over the case.
Ianicelli was in the second day of a planned three - day outreach to educate jurors entering the courtroom about the
power of jury nullification.
Mark Iannicelli was arrested on 27 July 2015 at the Lindesy - Flanigan Courthouse in Denver, Colorado where he was allegedly handing out flyers informing people of jurors» right to conscientiously acquit by
way of jury nullification.