Jury Nullification
JURY NULLIFICATION
Jury Nullification Paper
University of Phoenix Theresa Weekly December 5, 2010
Introduction
Jury nullification is the act of a jury in exonerating a defendant, even though they are truly guilty of violating the law. When this happens, the defendant is found innocent, even though without an act of jury nullification they would have been found guilty. Normally, jury nullification is carried out by a jury that disagrees with a law; this is a way of indicating their disagreement with the law, and their choice not to penalize the person who broke that law. Jury nullification is a significant tool that citizens use to make their outlook on the law clear, and over time the consequence of this action can have a profound effect on the ways that laws are formed and instituted.
Jury Nullification
Arguments for Race-Based Jury Nullification A jury is most likely to acquit a defendant when members of the jury are sympathetic toward the defendant or disfavor the law under which the charges fall. Cases continue to exist, however, in which a juror's desire not to convict is for racial reasons. Some argue that after a long history of all White juries acquitting defendants who committed crimes against African Americans –and in a system in which African Americans have a higher likelihood of arrest and conviction –jury nullification can be a political tool in the face of a discriminatory process.
As lawyer and former Democratic National Committee Chairperson Paul Butler claimed, "The race of a black defendant is sometimes a legally and morally appropriate factor for jury nullification" (Yale Law Journal, 1995, p. 6). After all, juries bravely used this right to block the prosecutions of individuals who resisted the Fugitive Slave Act (King, 2006). Butler
Jury Nullification Paper
University of Phoenix Theresa Weekly December 5, 2010
Introduction
Jury nullification is the act of a jury in exonerating a defendant, even though they are truly guilty of violating the law. When this happens, the defendant is found innocent, even though without an act of jury nullification they would have been found guilty. Normally, jury nullification is carried out by a jury that disagrees with a law; this is a way of indicating their disagreement with the law, and their choice not to penalize the person who broke that law. Jury nullification is a significant tool that citizens use to make their outlook on the law clear, and over time the consequence of this action can have a profound effect on the ways that laws are formed and instituted.
Jury Nullification
Arguments for Race-Based Jury Nullification A jury is most likely to acquit a defendant when members of the jury are sympathetic toward the defendant or disfavor the law under which the charges fall. Cases continue to exist, however, in which a juror's desire not to convict is for racial reasons. Some argue that after a long history of all White juries acquitting defendants who committed crimes against African Americans –and in a system in which African Americans have a higher likelihood of arrest and conviction –jury nullification can be a political tool in the face of a discriminatory process.
As lawyer and former Democratic National Committee Chairperson Paul Butler claimed, "The race of a black defendant is sometimes a legally and morally appropriate factor for jury nullification" (Yale Law Journal, 1995, p. 6). After all, juries bravely used this right to block the prosecutions of individuals who resisted the Fugitive Slave Act (King, 2006). Butler
References: Butler, P. (1995). Racially-based Jury Nullification: Black Power in the Criminal Justice System. Yale Law Journal. Retrieved December 1, 2010 from: http://www.questia.com/ King, N. (2006). Jury Nullification Is Unfair. Racial Profiling. Retrieved December 2, 2010 from Apollo Library, Opposing Viewpoints Database. Cato. (1999). Jurors should know their rights. Retrieved on December 1, 2010 from http://www.cato.org/pubs/policy_report/v21n1/jury.html Bryjack, G. (2009). Jury Nullification. Adirondack Daily Enterprise. Retrieved December 1, 2010 from http://www.adirondackdailyenterprise.com Lal, P. (2010, September 9). The case for race-based jury nullification. Retrieved from http://humanrights.change.org/blog/view/the_case_for_race-based_jury_nullification