cja 344
Jury Nullification Paper
Emilio J. Vizcaino Pagan
University of Phoenix
CJA-344
Abril 22, 2014
Prof. Roberto Otero Ortega
Jury nullification is a constitutional doctrine that allows juries to acquit defendants who are technically criminals guilty, but who do not deserve punishment. It occurs in a trial when a jury reaches a verdict contrary to the judge 's instructions as to the law. A jury verdict contrary to the letter of the law does not belong only to the particular case before it. If a pattern of acquittals, however, develops in response to repeated attempts to prosecute a statutory offense, it can have the de facto effect of invalidating the statute. A pattern of jury nullification may indicate public opposition to an unwanted legislative enactment. In the past, it was feared that may unduly influence a judge alone or a panel of public officials to follow established legal practice, even if such practice had drifted from its origins. In most modern Western legal systems, however, often instruct juries only serve as "finders of facts", whose role is to determine the veracity of the evidence, and the weight accorded to evidence, to implement these tests the law and reach a verdict, but not decide what the law is .
Jury Nullification “It is not only the juror’s right, but his duty to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.” This is what John Adams said of jury nullification. John Jay, who was the first justice of the Supreme Court said, “The jury has the right to judge both the law as well as the fact in controversy.” So what is jury nullification and how does it influence courtroom proceedings and judicial practices? The definition of jury nullification according to thefreedictionary.com website jury nullification is defined as a sanctioned doctrine wherein members of a jury disregard either the evidence presented or the
Emilio J. Vizcaino Pagan
University of Phoenix
CJA-344
Abril 22, 2014
Prof. Roberto Otero Ortega
Jury nullification is a constitutional doctrine that allows juries to acquit defendants who are technically criminals guilty, but who do not deserve punishment. It occurs in a trial when a jury reaches a verdict contrary to the judge 's instructions as to the law. A jury verdict contrary to the letter of the law does not belong only to the particular case before it. If a pattern of acquittals, however, develops in response to repeated attempts to prosecute a statutory offense, it can have the de facto effect of invalidating the statute. A pattern of jury nullification may indicate public opposition to an unwanted legislative enactment. In the past, it was feared that may unduly influence a judge alone or a panel of public officials to follow established legal practice, even if such practice had drifted from its origins. In most modern Western legal systems, however, often instruct juries only serve as "finders of facts", whose role is to determine the veracity of the evidence, and the weight accorded to evidence, to implement these tests the law and reach a verdict, but not decide what the law is .
Jury Nullification “It is not only the juror’s right, but his duty to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.” This is what John Adams said of jury nullification. John Jay, who was the first justice of the Supreme Court said, “The jury has the right to judge both the law as well as the fact in controversy.” So what is jury nullification and how does it influence courtroom proceedings and judicial practices? The definition of jury nullification according to thefreedictionary.com website jury nullification is defined as a sanctioned doctrine wherein members of a jury disregard either the evidence presented or the
References: http://legal-dictionary.thefreedictionary.com/jury+nullification http://www.foxnews.com/story/0,2933,163877,00.html http://www.lewrockwell.com/orig10/emal1.1.1.html