what can a lawyer say to jury about jury nullification

The jury does not have a right to nulification, and counsel is not permitted to present the concept of jury nullification to the jury. However, jury verdicts of acquittal are unassailable even where the verdict is inconsistent with the weight of the evidence and instruction of the law. See U.S. v. Thomas, 116 F.3d 606 (2d Cir. 1997).

Full Answer

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?

The jury does not have a right to nulification, and counsel is not permitted to present the concept of jury nullification to the jury. However, jury verdicts of acquittal are unassailable even where the verdict is inconsistent with the weight of the evidence and instruction of the law. See U.S. v. Thomas, 116 F.3d 606 (2d Cir. 1997).

What is jury nullification and can it help you?

Most, if not all, states prohibit a criminal defense lawyer from telling a jury about their right to nullify. In fact, most standard jury instructions would suggest to the jury that it has no option but to convict if the facts are proved beyond a reasonable doubt.

What are the pros and cons of the jury nullification?

Nov 30, 2018 · A shadow defense is a defense that does not have legal merit, but that lawyers use to open up the possibility for jury nullification. Lawyers use shadow defenses in the hope that the evidence they provide will prompt a nullification. Jury …

Can I say I believe in jury nullification?

What happens if you know about jury nullification?

How can jury nullification be prevented?

Is there a constitutional right to jury nullification?

Is nullification illegal?

Can a judge overrule a jury not guilty verdict?

What are some of the negative aspects of jury nullification?

What amendment is jury nullification?

Does jury nullification have to be unanimous?

Who tends to be most influential during jury deliberations?

What are some of the negative aspects of jury nullification?

Is jury nullification a mistrial?

What is it called when the jury ignores the law and acquits an obviously guilty defendant?

What is an example of jury nullification?

What is jury nullification?

Jury Nullification. A jury's knowing and deliberate rejection of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself , or because the result dictated by law is contrary to the jury's sense of justice, morality, or fairness.

Can a jury be nullified?

The jury does not have a right to nulification, and counsel is not permitted to present the concept of jury nullification to the jury. However, jury verdicts of acquittal are unassailable even where the verdict is inconsistent with the weight of the evidence and instruction of the law.

Is jury nullification a discretionary act?

Jury nullification is a discretionary act, and is not a legally sanctioned function of the jury. It is considered to be inconsistent with the jury's duty to return a verdict based solely on the law and the facts of the case. The jury does not have a right to nulification, and counsel is not permitted to present the concept ...

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 jury nullification?

The term “jury nullification” refers to a jury’s verdict of “not guilty” despite believing the defendant is, in fact, guilty of the crime alleged. For example, jury nullification occurs when the jury “nullifies” the law related to the case, because they believe it is either corrupt or does not apply to the case presented.

Why is jury nullification important?

Some believe that it is necessary to protect people from wrongful imprisonment, or becoming victims of tyranny. Others believe jury nullification is a violation of an individual’s right to a jury trial, if the jury is just going to make their own decision anyway without regard for the details of the trial.

What happened during Kevorkian's trial?

Jury Trial. During Kevorkian’s jury trial, the jury watched the two videotapes that Kevorkian had made. The television show 60 Minutes had also aired segments from the tapes. Kevorkian pleaded with the jury to engage in nullification and find him innocent.

What is a stealth juror?

A stealth juror is a person who has a hidden agenda to promote jury nullification, and does whatever he can to ensure he becomes a member of the jury.

What is the power of a jury to nullify?

Jurors’ Power to Nullify. Jurors’ power to nullify goes all the way back to when juries first formed. However, there are several issues surrounding jurors’ power to nullify, including: Whether the judge should instruct or inform a jury of their power to nullify.

What is the act of a jury returning a “not guilty” verdict?

The act of a jury returning a “not guilty” verdict, despite believing the defendant may, in fact, be guilty of the charge (s) against him.

What is a defendant in a lawsuit?

Defendant – A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense. Evidence – Information presented to a court or jury in proof of the facts, including testimony of witnesses, records, documents, or objects.

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.

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.

Who pointed out the inappropriateness of the Court allowing a judge to willfully misinform jurors when

In his two dissents (one on the matter of rehearing), Circuit Judge Merritt pointed out the inappropriateness of the Court allowing a judge to willfully misinform jurors when they explicitly ask about jury nullification. Judge Merritt stated, in part:

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.

What is the right to say no in a jury trial?

Jury Nullification: The Right to Say No

Who refused to be a jury member?

Jury, Thomas Vere, Edward Bushell and ten others, who refused

What writ was used in the case of the jurymen?

The case of these jurymen was reviewed on a writ of Habeas

Is law in giving their verdicts a false position?

law in giving their verdicts, is not only a false position, and contra-