Background Jury nullification

a 19th-century jury

jury nullification source of debate. maintain important safeguard of last resort against wrongful imprisonment , government tyranny. others view violation of right jury trial, undermines law. view violation of oath sworn jurors. in united states, view requirement jurors take oath unlawful in itself, while still others view oath s reference deliverance require nullification of unjust law: , try , true deliverance make between united states , defendant @ bar, , true verdict render according evidence, [me] god. united states v. green, 556 f.2d 71 (d.c. cir. 1977). fear nullification used permit violence against socially unpopular factions. point danger jury may choose convict defendant has not broken letter of law. however, judges retain rights both decide sentences , disregard juries guilty verdicts, acting check against malicious juries. jury nullification may occur in civil suits, in verdict finding of liability or lack of liability (rather finding of guilty or not guilty).

the main ethical issue involved in jury nullification tension between democratic self-government , integrity. argument has been raised prosecutors not allowed seek jury nullification, , therefore defendants should not allowed seek either. however, prosecutor nullify jury in context require negating presumption of innocence. (for reason, prosecutorial nullification typically defined declination prosecute.)

nevertheless, there little doubt ability of jury nullify law. today, there several issues raised jury nullification, such as:

in cases in united states, stealth juror attempt on jury in order nullify law. lawyers use shadow defense information entered record otherwise inadmissible hoping evidence trigger jury nullification.