September 12, 2011
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
References: Altonji, J., & Blank, R. (1999). Race and gender in the labor market. In O. Ashenfelter &Card, Handbook of Labor Economics (Vol. 3, pp. 3143–3253). Amsterdam: Elsevier. Bankston, C., & Caldas, S. J. (1996). Majority African American schools and social injustice: The influence of de facto segregation on academic achievement. Social Forces, 75, 535–555.CJ Butler, Paul, Racially Based Jury Nullification: Black Power in the Criminal Justice System, 105 Yale Law Review No. 3. Collective & Jones, L. C. (2009). Investigating difference: Human and cultural relations in criminal justice (2nd ed.). Upper Saddle River, NJ: Pearson Prentice Hall. MacNamara, R. H., & Burns, R. (2009). Multiculturalism in the criminal justice system. New York NY: McGraw-Hill.Monk, R. C. (Ed.). (2001). Taking sides: Clashing views on controversial issues in crime and criminology (6th ed.). Guilford, CT: Dushkin/McGraw-Hill. Morris, Norval, Race and Crime: What evidence is There That Race Influences Results in the Criminal Justice System?, 72 Judicature No.2, (1988) at 112. Toth, R. C., Crews, G. A., & Burton, C. E. (2008). In the margins: Special populations and American justice. Upper Saddle River, NJ: Pearson Prentice Hall.