Understanding Jury Nullification: Definition, Examples, And Implications
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The Camden 28 Case
"Even though there was no doubt that the 28 people involved did break into the draft board and thereby broke the law, the jury returned 28 “not guilty” verdicts and the case stands as an example of a jury standing up to a prosecution that they felt was unjust."
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"It is unlikely that the legal community (or society as a whole) will come to a consensus about jury nullification anytime soon. Until then, jurors will need to reach their own ethical decision about whether jury nullification is appropriate, both in a general sense and in regard to the case that they are empaneled to hear."
Jury nullification occurs when a jury returns a not guilty verdict in a criminal case where the jury believes that the defendant has, beyond a reasonable doubt, committed a crime. In other words, the jury believes that the defendant has broken the law, but still decides not to convict. On its fac
www.forbes.com
That's an interesting article (it's been posted before) but the cases it mentions are in no way similar to what we have here.
If what we mean by "jury nullification" is
the intentional returning of a verdict of not guilty by a jury because they are making a policy statement either on the particular law or the defendant then the two cases mentioned in the article aren't comparable at all and not really cases of true "nullification".
It seems that the requirements here are:
- The law is clear and specific; both in its scope and potential penalty. No room for ambiguity.
- The evidence is overwhelming to any reasonable person that the defendant did what he was accused of.
- The jury appears to have, in the assessment of any reasonable person, chosen to acquit the person in order to make a statement as to the law, the defendant or public policy in general.
The cases in the article (certainly the first) don't meet those criteria.
The Kevorkian case was prosecuted as being "contrary to common law" - ie; there is no statute offence of assisting a suicide. It also appears that assisting a suicide had never even been prosecuted before so there was no common law precedent on which to base a prosecution.
Therefore, this cannot be a case of jury nullification. It fails at the first hurdle because it simply isn't illegal if you cannot provide a legal basis for it. If there is no law for the jury to rail against then there is nothing for them to nullify.
The second case, that of the Camden 28, isn't quite co clear cut but I don't think it's true jury nullification. From the description, yes, breaking into the draft office was clearly an offence. However....the article mentions that the FBI were there as they were tipped off by an infiltrator. Not only were the FBI there but they waited for some time allowing the burglars enough time to destroy thousands of documents.
Now, yes, maybe they should have been convicted of burglary but it is evident that the FBI could have stopped them right at the outset and perhaps the jury felt that they were allowed to run riot in order to impose longer sentences or bring stiffer charges.
That also has to be looked at given the background at the time; the Vietnam war was going the wrong way and it was most likely looking that it was going to be lost, which it was. That being the case, why allow even more young men be sent off to die for a pointless endeavour?
Neither of these cases are remotely comparable to the LM case. Shooting someone in the back for purely political or economic reasons is completely different to either of those cases, one of which almost certainly a crime to begin with.
Are there actually any
true instances of Jury Nullification out there in the American system because I really can't see any. It seems to me that although Jury Nullification is theoretically possible, it's probably a myth that it actually happens.
I don't think it's going to happen here.