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I don't think it's correct to say jury nullification is part of the designed system of checks and balances. It's really an unintended side effect of the jury sy
by burkaman 10y ago
I don't think it's correct to say jury nullification is part of the designed system of checks and balances. It's really an unintended side effect of the jury system, since jurors have to be immune from any punishment or the system wouldn't work. The intended checks on judicial overreach are the legislative branch repealing laws and impeaching judges, and the executive branch issuing pardons.
I would call jury nullification a form of civil disobedience. That doesn't mean it's wrong, it's just not really operating inside the judicial framework. There's a reason the Supreme Court has consistently held that the defense does not have the right to inform the jury of their right to nullify.
- PantaloonFlames 10y ago> It's really an unintended side effect of the jury system, since jurors have to be immune from any punishment or the system wouldn't work. or in other words, an intended side-effect.