what can a lawyer say about jury nullification

Can a lawyer argue for jury nullification? A lawyer defending a criminal case may zealously advocate for the acquittal of his client using any evidentiary argument for which he has a reasonable good faith basis. Current legal standards strongly disfavor jury nullification and prohibit express exhortations that a jury nullify the law.

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Does jury nullification undermine the rule of law?

Nullification: Keep the Jury in the Dark Despite having the raw power to ignore the law, the jury isn’t likely to hear an instruction from a judge that apprises them of this power (never in federal court, and only rarely in state court). Nor may a lawyer mention it during closing arguments.

What is jury nullification and why is it important?

Dec 20, 2021 · Current legal standards strongly disfavor jury nullification and prohibit express exhortations that a jury nullify the law. What happens if you mention jury nullification? In response, the judge falsely told them: “There is no such thing as valid jury nullification. Your obligation is to follow the instructions of the Court as to the law given to you. You would violate your oath and …

What is jury nullification and can it help you?

Criminal Defense Lawyer. One state has defined “ [j]ury nullification [a]s the power to dispense mercy by nullifying the law and returning a verdict less than that required by the evidence.”. People v. St. Cyr, 129 Mich.App. 471, 473-474, 341 N.W.2d 533 (1983). This essentially means that a jury is deciding to return a verdict of not guilty (or guilty of a lesser offense) even though …

What are the pros and cons of the jury nullification?

Jury nullification has happened since the beginning of the trial system and persists because of a number of idiosyncrasies in the legal system that are designed to protect the integrity of the jury process. The law limits the courts' ability to inquire into jurors' motivations during or after a verdict. Jurors cannot be punished for their verdict, even if they reached it improperly. In …

Criminal Defense Lawyer

One state has defined “ [j]ury nullification [a]s the power to dispense mercy by nullifying the law and returning a verdict less than that required by the evidence.” People v. St. Cyr, 129 Mich.App. 471, 473-474, 341 N.W.2d 533 (1983).

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What is the term for a jury that reaches a verdict that is contrary to the letter of the law?

Jury nullification occurs when a trial jury reaches a verdict that is contrary to the letter of the law because the jurors either: disagree with the law under which the defendant is prosecuted, or. believe that the law shouldn't be applied in the case at hand.

What is the role of a jury in a trial?

A trial jury is supposed to serve only as a "fact finder": that is, to evaluate the veracity of witnesses and the strength of evidence presented at trial, then apply the law to that evidence in order to reach a verdict. The jury isn't supposed to decide what the law is—or what it should be. Disagreement with a law, sympathy for a victim, feelings ...

Why do some jurors refuse to convict on drug possession charges?

In the modern era, jury nullification is most common in drug cases, where some jurors refuse to convict on drug possession charges either because they believe in legalization or feel that the drug laws discriminate against certain groups.

What is the purpose of disagreement with a law?

Disagreement with a law, sympathy for a victim, feelings about a particular crime, or distaste for the defendant isn't supposed to prevent a jury from following the law and making a dispassionate evaluation of the defendant's guilt or innocence . Jury nullification occurs when a trial jury reaches a verdict that is contrary to the letter ...

What is the effect of a consistent pattern of acquittals for prosecutions of a certain offense

But a consistent pattern of acquittals for prosecutions of a certain offense can have the practical effect of invalidating a statute. In fact, the pattern of jury nullification in alcohol prosecutions contributed to the adoption of the 21 st Amendment, which repealed Prohibition.

Does jury verdict change the law?

A jury's verdict only decides the particular case before the court in that trial—it doesn't change the law. But a consistent pattern of acquittals for prosecutions of a certain offense can have the practical effect of invalidating a statute. In fact, the pattern of jury nullification in alcohol prosecutions contributed to the adoption of the 21 st Amendment, which repealed Prohibition.

Can you be tried again for the same crime if you were acquitted?

In addition, someone acquitted because of jury nullification cannot be tried again for the same crime because of the prohibition against double jeopardy. On the other hand, a conviction reached via nullification can be overturned on appeal or voided by a judge in some jurisdictions. Talk to a Lawyer.

Why did the British use jury nullification?

Juries in colonial America used jury nullification to protest the power of the British Parliament over the colonies, and Alexander Hamilton, John Adams, and prominent judges in the early days of the nation all believed that jurors had a duty to vote their conscience regardless of the evidence.

What is the Colorado law that bars people from communicating with jurors?

Brandt and Iannicelli were each charged with seven counts of criminal jury tampering under a Colorado law that bars any person from communicating with a juror with the intent to influence the juror’s vote in a case.

When did the jury start?

English courts first recognized the jury’s power to acquit a criminal defendant — even when the weight of the evidence points to the defendant’s guilt — in 1670.

Can you be forced to obey a jury oath?

You cannot be forced to obey a ‘juror’s oath’; 3. You have the right to ‘hang’ the jury with your vote if you cannot agree with other jurors.”. But the two activists’ attempts to educate the public led to their arrest.

Does the Constitution prohibit jury nullification?

The government may prefer a jury pool that has never heard about jury nullification. The Constitution, however, prohibits the government from banning speech that it doesn’t like. The public benefits when ideas — good or bad — are aired out. We all suffer when they’re criminalized into silence.

Was Brandt's speech a jury tampering speech?

Troublingly, the government’s argument that Brandt’s and Iannicelli’s speech was criminal jury tamper ing could extend to almost any statement advocating jury nullification that a juror might see, from a newspaper op-ed to a tweet. The government may prefer a jury pool that has never heard about jury nullification.

Why is jury nullification important?

Jury nullification is the source of much debate. Some maintain that it is an important safeguard of last resort against wrongful imprisonment and government tyranny. Others view it as a violation of the right to a jury trial, which undermines the law. Some view it as a violation of the oath sworn by jurors.

Why was the jury nullified in the 1850s?

Fugitive slave law. Jury nullification was practised in the 1850s to protest the federal Fugitive Slave Act, which was part of the Compromise of 1850. The Act had been passed to mollify the slave owners from the South, who were otherwise threatening to secede from the Union.

What does it mean when a jury finds a defendant not guilty?

When a jury finds a defendant not guilty because they disagree with a law. Jury nullification (US), jury equity (UK), or a perverse verdict (UK) generally occurs when members of a criminal trial jury believe that a defendant is guilty, but choose to acquit the defendant anyway, because the jurors consider that the law itself is unjust, ...

What does it mean when a jury convicts a defendant?

Such a pattern may indicate public opposition to an unwanted legislative enactment. It may also happen that a jury convicts a defendant even if no law was broken, although such a conviction may be overturned on appeal. Nullification can also occur in civil trials .

Why do lawyers use shadow defenses?

Some lawyers use a shadow defense to expose the jury to information that would otherwise be inadmissible, hoping that evidence will trigger a nullification.

When is a jury not guilty?

Now the "not guilty" verdict has become the normal verdict when a jury is convinced of innocence and the "not proven" verdict is only used when the jury is not certain of innocence or guilt.

When did the jury indict the Earl of Shaftesbury?

In 1681 , a grand jury refused to indict the Earl of Shaftesbury. Then in 1688, a jury acquitted the Seven Bishops of the Church of England of seditious libel. Juries continued, even in non-criminal cases, to act in defiance of the Crown.

4 attorney answers

First you need to have a guidance from a lawyer who has tried capital cases. This particular argument can be a part of your defense. Nullification is a very low percentage argument even for the best advocates. Think of it like this, how many people can hit a Nolan Ryan fastball that is thrown high and inside.

John Arnold Steakley

Let your lawyer come up with the appropriate arguments in your defense. Jury nullification can be an argument. The jury instructions make it possible. The judge will instruct the jurors that, if they find a reasonable doubt exists, it is their duty to acquit, but if they find no reasonable doubt exists, they are "authorized" to find you guilty.

What did the judge say about jury nullification?

During deliberations, jurors asked the judge about the doctrine of jury nullification. In response, the judge falsely told them: "There is no such thing as valid jury nullification. Your obligation is to follow the instructions of the Court as to the law given to you. You would violate your oath and the law if you willfully brought in ...

Why did the jury want to know what extent it had the right to acquit the defendant?

The jury wanted to know to what extent it had the right to acquit the defendant because it disagreed with the government's prosecution. It wanted to know what was meant by the idea of "jury nullification.". The Court responded by telling the jury that it had no power to engage in jury nullification and that was the end of the matter.

What did the court tell the jury?

The Court responded by telling the jury that it had no power to engage in jury nullification and that was the end of the matter. It told the jury in effect that it had no general authority to veto the prosecution. This is simply error.

Is the right of a jury untrue?

Despite the judge's statement being untrue, therefore, the majority stated that: "The right of a jury, as a buffer between the accused and the state, to reach a verdict despite what may seem clear law must be kept distinct from the court's duty to uphold the law and to apply it impartially.