"The Legality of Jury Nullification. According to the U.S. Supreme Court decision in Sparf v. U.S., written by Justice Harlan,
juries have no right to ignore the law when rendering the jury's verdict. However, nullification still occurs in some instances because of the secrecy of jury deliberations."Oct 16, 2023
Jury Nullification in Theory and Application
Jury nullification occurs when jurors believe in the defendant's guilt beyond a reasonable doubt but exercise the jury's power to acquit.
They might feel that the defendant doesn't deserve to be punished under unjust laws.
Under this theory, the average citizen chosen for a jury can override the statutes passed by the legislature.
Sometimes, nullification is a tool that juries can use to
set aside a law they believe is immoral or wrongly applied to a particular case. For example, in the 1800s, Congress passed stringent
fugitive slave laws that compelled citizens of all states to assist law enforcement with apprehending suspected runaway slaves.
Known as the Fugitive Slave Act of 1850, the law included large fines for anyone who aided an enslaved person in an escape, even by simply giving the person food or shelter. Abolitionists used the jury system to voice their protest by refusing to convict in these cases, thereby "nullifying" the law on moral grounds. The law still existed on the books but was difficult to enforce.
In other examples, juries refused to enforce alcohol prohibition laws and drug laws that they disagreed with, even if they violated the letter of the law. Jurors have also refused to convict a defendant who appeared sympathetic or created an emotional conflict despite the clear evidence of guilt.
In other contexts, a jury might refuse to convict out of concern for the consequences of a conviction or an unwillingness to see a minimum sentence imposed. In these examples, the jurors violate their oaths and abdicate their responsibilities.
Critics argue that the jury is a weakness in the criminal justice system. Others argue that the human element shows the system is working as intended — that it is more likely to acquit the guilty than to convict the innocent.
'The Legality of Jury Nullification'
Jury Nullification - FindLaw
https://www.findlaw.com/criminal/criminal-procedure/jury-nullification.html#:~:text=The Legality of Jury Nullification,the secrecy of jury deliberations.
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