Jury nullification is a situation where the jury gives a non guilty judgment to a defendant whom he has evidence that he is guilty of the offence based on various reasons. It occurs when there is enough evidence to convict the defendant but the jury is persuaded that conviction is being injustice to the accused. Jury nullification is mainly based on the race of the defendant or the unjustness of the ruling against the defendant among other factors (Rivera, 2006).
Some people view that the jurors should consider this option when they are faced with situation where the defendant is from a minority and he is persuaded that the law is unjust to the defendant. Some people believe that this is the only way to bring equality in our courts of law. They believe that jury nullification based on race is the only way to bring change and reduce racial discrimination in the American law courts. The judgment issued by the judge is not supposed to be wholly based on facts but should consider factors such as the racial injustices and inequalities based on their wisdom and experience. Otherwise a machine can effectively replace the judges (Rivera, 2006).
A good number of Americans are not happy about a criminal being let free not because the law is unjust, but because he belong to a certain race. They view jury nullification as releasing wrong does back to the society to commit more crimes. The juror should therefore avoid jury nullification and consider the vulgarity of the criminal act committed, the background of the defendant and whether the law is just or not before deciding on this option. Race based jury nullification is subject to misuse by both the white and the black jurors. In many occasions jury nullification has been used to favor a certain race at the expense of the other race. Whites who have committed crimes against the blacks have been set free by juries at the expense of the blacks. Black juries have also misused jury nullification to free those who harm their enemies thus using race based nullification as a revenge tool against their enemies. (Jemal, 1997).
You May Also Find These Documents Helpful
-
Ford 1989 case, the Court of Appeal upheld that there is no right to a multiracial jury. Ford appealed for multi-ethnic jurors which was repudiated by the judge. It was deemed that the method of random selection in use was the most appropriate approach to take in attaining a just verdict. The judge had no right or justification to release any able jurors with the sole purpose of acquiring a multiracial jury. If a judge discharged a juror without good reason, there could be allegations of partiality and jury tampering within the trial. The idea of removing jurors, based on their ethnicity, is also scornfully depreciatory of the members of jury who have to leave as a result. In order to confirm that juries demonstrate public integrity, it is vital to ensure that the procedure of jury selection is extensive, and not underrepresenting ethnic…
- 1319 Words
- 6 Pages
Good Essays -
Include contemporary examples ( within the last 10 years ) of ethnicity-based jury nullification. Note: you can use news articles ]…
- 370 Words
- 2 Pages
Good Essays -
Prosecutors are not supposed to select certain gender, race or age for the jury selection. The important for the plaintiff and the defendant is to have jurors who are not in favor of any involved parties. In cases were a lawsuit involves significant amount of money, the voir dire has become extra complicated over time, so now attorneys use skilled jury selection services to help them pick analytical data to select the perfect jurors. Attorneys think with the option of selecting professional jurors can help their clients win cases. Critics complain, this special jury selection services provide an unfair help to the other party, who cannot afford the cost of the…
- 297 Words
- 2 Pages
Satisfactory Essays -
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…
- 1286 Words
- 4 Pages
Powerful Essays -
There are many factors that should be taken into consideration when debating on what the biggest problems are not only in the justice system but also in the court system, many of them being seen throughout the novel Monster by Walter Dean Myers. For instance, race seems to still be an issue in today’s justice system. One example on how race is a problem in the justice system is on the case of Clarence Brandley. Clarence was realized from jail after being wrongfully convicted and on death row for almost one decade as it states in the Montana Abolition Coalition article. Another problem in the justice system is the death penalty. One reason why the death penalty is a problem is because innocent people can be executed as it also states in the Montana Abolition Coalition article. One final problem out of the many is the the court system is actually the jury. For example as it is stated in the article jurs are supposed to be representative of our diverse community (Ladner,2000).…
- 927 Words
- 4 Pages
Good Essays -
In Kennedy Race, Crime, and the Law; chapter 6, he covers the Peremptory Challenge, which allows attorneys to exclude potential jurors without having initially to articulate the basis for the exclusion. In other words, giving a defendant or lawyer the right to object to a proposed juror, without a given reason. Kennedy also goes in depth to explain two controversies issues regarding the usage of the peremptory challenge, such as the conflict over the racially discriminatory peremptory challenge and how racial discrimination is practiced despite the formal legal disapproval. In chapter 7, Kennedy moves forward to cover whether or not ceasing to discriminate against racial minorities will suffice to establish racial justice or to cease discrimination…
- 489 Words
- 2 Pages
Good Essays -
Each argument has a great amount of strong facts and opinions to support them as well as multiple of reasons. After thorough research to my belief about race based jury nullification should not be should not be conducted by jurors. As a whole we are not opposed to jury nullification, but when race is a factor we are opposed to nullification. By any means community unity is not promoted by race based jury nullification. Simply this thought process is based on discrimination and simply racial; as a society we are trying to help educate and show everyone how any racial based ideas can be very negative. It does not mean that races should not promote what they stand for and should not be proud of who they are, but when a jury finds a defendant innocent and/or guilty because of race alone is a major problem. What jurors need to base his or her verdicts is on information, facts, and evidence presented to them throughout a trial; not on racial biased opinions that need to be left…
- 738 Words
- 3 Pages
Good Essays -
Jury Nullification CJA 344 October 6, 2014 Johnny Cotton Jury nullification is defined as when juries believe a case is unjust or wrong and may set free a defendant who violated the law. Jury nullification has been an option of a jury in the United States. In the legal system that we use today, jurors have the power to give a non-guilty verdict even when the evidence clearly shows that the defendant is guilty. In cases like this, the jurors decide that the certain laws should not be applied to the particular case or that the laws are unjust for the case. In other cases the jurors may believe that the laws are certainly bias against the defendant to begin with. The 14th amendment in our Constitution promises that all persons no matter race,…
- 1091 Words
- 5 Pages
Good Essays -
Just like how police officers and prosecutors can make discretionary decision; Jury nullification is simply a power granted to jury to make discretion regarding whether criminal punishment is appropriate in a given case. Just as police and prosecutors take into consideration as whether the defendant’s behavior was a technical violation or whether other circumstances not recognized by the law justified or excused a defendant’s actions; it serves jury nullification to get rid of inappropriate prosecutions where police and prosecutors failed to do so. So when critics criticize jury nullification without knowing that similar judgments are being made by police officers and prospectors, people who have such bias view don't even realize their argument…
- 135 Words
- 1 Page
Good Essays -
Since it has been used righteously in the past it is a hard decision to contemplate getting rid of it. If there was no jury nullification of any kind then the country would have missed out on juries taking a stand against poorly thought out laws. The answer is that jury nullification has played a dual roll in our history. At times it is a useful tool as in the cases involving slavery or differential prosecution, at times allowing racists to go free. So having weighed the merits of the situation it is best left as is currently. There is a real risk for overuse if everyone were aware of the power but in its absence the government would exercise too much power unbalanced by the power of the…
- 1234 Words
- 5 Pages
Good Essays -
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 instructions of the judge in order to reach a verdict based upon their own consciences. It espouses the concept that jurors should be the judges of both law and fact. The doctrine of jury nullification is based one important things, one that a juror can never be punished for the verdict they bring back to the judge, and second that a defendant cannot ever be retried once the jury has returned to the courtroom with a not guilty verdict.…
- 1103 Words
- 5 Pages
Good Essays -
Ethnicity plays a big role in courtroom proceedings as well as judicial practices from all parts of the criminal justice system. It is anywhere from the initial intake of a person to the time the person is sentenced. Everyone involved in the proceeding has to perform certain duties to their highest ability and they have to be fair to everyone that is involved in the court proceedings. If a person is a different race or gender it may not always be the case that the people have to be fair or perform certain duties. There is statistical research that has proven in the past twenty years that there is a…
- 1160 Words
- 5 Pages
Good Essays -
The lifetime exclusion of felons from jury service is the majority rule in the U.S., used in thirty one states and in federal courts. The result is that over 6% of the adult population is excluded, including about 30% of black men,[2] creating a class of citizens defined and punished by the criminal justice system but unable to impact its function. Felon jury exclusion is less visible than felony disenfranchisement, and few socio-legal scholars have challenged the statutes that withhold a convicted felon’s opportunity to sit on a jury.[3] While constitutional challenges to felon jury exclusion almost always originate from interested litigants, some scholars contend that "it is the interests of the excluded felons that are most directly implicated." Yet, attacks on these blanket prohibitions levied by excluded felon jurors have failed consistently. The United States Supreme Court does not recognize the right to sit on a jury as fundamental.[4] It has been pointed out that, although lawmakers assert that felon jury exclusion measures protect the integrity of the adjudicative process, as felons “lack the requisite probity” to serve on a jury and are “inherently biased,” many of…
- 747 Words
- 3 Pages
Powerful Essays -
The intersection of racial dynamics with the criminal justice system is one of longstanding duration. In earlier times, courtrooms in many jurisdictions were comprised of all white decision-makers. Today, there is more diversity of leadership in the court system, but race still plays a critical role in many criminal justice outcomes. This ranges from disparate traffic stops because of racial profiling to imposition of the death penalty based on the race of the victim or the offender. A particularly important aspect of the role of race in the criminal justice system relates to sentencing because the prospect of a racially discriminatory process violates the ideals of equal treatment under law under which the system is premised (The Sentencing Project [], 2004, p. 1).…
- 1728 Words
- 7 Pages
Powerful Essays -
We are told that the Sixth Amendment of the United States Constitution states that we have the right to an unbiased jury when it is a felonious trial, but what is considered neutrality? This question has been one that the Supreme Court has asked time and time again, and they have stated “that the jury must be drawn from a representative cross-section of the community” (Taylor v. Louisiana, 1975). In order to “determine unconstitutional exclusion, the court has said that the group must be: A) distinctive B) lacking what they call fair and reasonable representation because of reasons C) caused by the system of jury selection (Duren v. Missouri, 1979). Therefore, this learner thinks the answer to the above question is no. This learner also does not think that African Americans can receive a fair trail with an all-white jury. I know that we all have biases and that even our own color can harbor…
- 1530 Words
- 7 Pages
Good Essays