Will the jury let Luigi Mangione get away with murder?
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Make no mistake, jury nullification, like it or not, is as American as apple pie: Courts recognize that jurors surely have the power to nullify, even if not the right.
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While jurors don’t have an express right to nullify, once seated, they do, as a practical matter, have the power. The presiding judge may remove a juror if he determines that “nullifying,” rather than weighing evidence and following law, is the juror’s goal. The judge might even declare a mistrial if the juror had already begun trying to evangelize fellow jurors. At the same time, defense attorneys are not permitted to outright encourage jurors to nullify.
A juror nullifying in a case like Mangione — i.e., “I’m not voting to convict period, no matter what they produce as evidence” — would be a dereliction of duty. The tangible facts already in the public record should make that clear.
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And prosecutors here are not without fault in providing would-be nullifiers with grist for the mill. They share some responsibility for the spike in public sentiment for Mangione by
charging terrorism and
raising the offense level to Murder 1 in one jurisdiction, threatening a
possible death penalty in another jurisdiction, and participating in a food fight over who takes him to trial first. The piling on, the escorts with body armor and rifles, the
perp walking and the overcharging intensify his folk-hero standing and add fuel to a potential nullification fire that is already burning bright.
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