Jury Nullification Research Paper
Race-Based Jury Nullification
Abstract
Internet research clearly showed a long history for jury nullification in the US. An explanation of jury nullification, and in particular race based jury nullification, is that it is a method whereby juries nullify unfair laws by declaring guilty defendants not guilty. Race based nullification is where a jury acquits and individual based on their race. This is commonly found in homogenous juries where there is little jury diversity. Past cases such as runaway slave laws and current cases such as police shootings show that race-based nullification is still an issue in modern courtrooms. The conclusion being that jury nullification is an important power necessary for the checks and balances of the judicial system
Jury nullification is a right enjoyed, but not understood, by all jurors in the US. This right gives jurors the ability to interpret laws for themselves and return not-guilty verdicts for guilty defendants allowing them to nullify laws. (Emal, 1995) The most common admonishment by judges is that jurors must decide the case based on facts, and that they are not in fact interpreting the fairness …show more content…
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
Abstract
Internet research clearly showed a long history for jury nullification in the US. An explanation of jury nullification, and in particular race based jury nullification, is that it is a method whereby juries nullify unfair laws by declaring guilty defendants not guilty. Race based nullification is where a jury acquits and individual based on their race. This is commonly found in homogenous juries where there is little jury diversity. Past cases such as runaway slave laws and current cases such as police shootings show that race-based nullification is still an issue in modern courtrooms. The conclusion being that jury nullification is an important power necessary for the checks and balances of the judicial system
Jury nullification is a right enjoyed, but not understood, by all jurors in the US. This right gives jurors the ability to interpret laws for themselves and return not-guilty verdicts for guilty defendants allowing them to nullify laws. (Emal, 1995) The most common admonishment by judges is that jurors must decide the case based on facts, and that they are not in fact interpreting the fairness …show more content…
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