Jury Nullification

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Jury Nullification Paper

Sherita Burress

CJA/344

September 12, 2011

Gerry Lloyd

A situation that gives the jury a judgment of nonguilty is known as jury nullification. These situations involve a defendant who has evidence against him or her proving him or her guilty for the alleged offenses for various reasons. This occurs when the evidence is enough to incarcerate a victim but the jury feels confident that conviction is a form of injustice shown toward the accused. In this paper the subject to examine is jury nullification as well as the opinoins of it more closely. The main factor considered in jury nullification is race when it refers to the defendant; the ruling of the defendant is considered unjust. People think that jurors should take this into consideration when dealing with situations in which the defendant is a minority and will be automatically mistreated by the law; this is the most important factor to consider when bringing oneness in the court systems of America. They believe that jury nullification surrounding race is the primary way to promote change and lower the level of racial discrimination in the law courts of American. The judge should give his judgment based on the facts presented not racial injustices and equalities; he should use wisdom as well as experience.

Peoples Opinion about Jury Nullification
A large percentage of people in Americans are unhappy when a criminal is released this is not a result of the law; because one belongs to a particular race (Altonji, 1999). They believe that jury nullification is a form of wrongdoing that allows wrong to return to the community to continue criminal behavior and practices this is the main cause of racial jury nullification. It is true that race-based jury nullification has been used improperly by both black and white jurors. In several cases jury nullification has been geared toward a particular race. In many occasions jury nullification has been used to favor a certain race at the value of another race (Jones, 2009). Oftentimes Whites have committed crimes against Blacks, but they are set free by juries at the disadvantage of African

Americans.

Provisions in the Criminal Justice System

Obvious improvements have been seen in how the criminal justice system handles Blacks throughout the United States history. Blacks were not given the right to trial in the past, a fair one was out of the question. Additionally, for a long time, African Americans were not allowed to serve on juries. This caused significant problems in how both Blacks and Whites were tried. This improvement has been seen as a result of major decisions made by the courts. Other decisions made by state and federal legislatures have assisted in these improvements (Toth, 2008). Regardless of this, formation of the legal system has become stagnant with no consideration of race. Most people in the United States believe that there are no problems with the criminal justice system that mainly affects Blacks in America. Several studies have been done in many ways to crack down on how discrimination and disparity are clearly seen. When put under pressure Whites agree that statistics prove that Black communities are unequally altered as a result of the legal system in America. Problems are confronted when addressing possible causes of these variations. Solutions to these bring about issues in the communities as well.

Butler's Theory

Prior to several books and articles published have focused on means that could decrease the amount of variance seen in the criminal justice systems. The most contentious and recent of these is that of Paul Butler who is former special assistant for the United States Attorney in the District of Columbia (Morris, 2008). Butler included in his thesis that nonviolent lawbreakers stay in communities instead of placed in prison ensures the wellbeing of black communities. Decisions

regarding the punishment of...
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