5 ms·

Here's a question: in the US, if a juror mentions jury nullification during deliberation, can they be penalized or can their actions lead to a mistrial? I seem

• jrp 17y ago
  Wikipedia says yes: "In 1997, in U.S. v. Thomas, 116 F.3d 606, the Second Circuit ruled that jurors can be removed if there is evidence that they intend to nullify the law" "In 2001, a California Supreme Court ruling on a case involving statutory rape led to a new jury instruction that requires jurors to inform the judge whenever a fellow panelist appears to be deciding a case based on his or her dislike of a law." http://en.wikipedia.org/wiki/Jury_nullification_in_the_United_States#Court_rulings http://en.wikipedia.org/wiki/Jury_nullification_in_the_Unite...
  • jrockway 17y ago
    As with any threat to the Establishment, you have to be discreet. Of course the Establishment is going to get upset when you take an end-run around their procedures. So don't tell anyone you are doing it; convince the other jurors with facts from the trial, and if they can't be convinced, you can always hang. (Remember, it cuts both ways. Nullification can prevent unfair laws from being applied. But nullification can also let the white supremecist go free for lynching a black man, if another racist is on the jury. This would be a horrifying miscarriage of justice and would put society in danger, so it makes sense that there are safeguards that help prevent this situation.)