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To repeat: jury nullification is a check on state power. It prevents the state from convicting. A lot of US criminal procedure law functions the same way: it pr
by dpatru 16y ago
To repeat: jury nullification is a check on state power. It prevents the state from convicting. A lot of US criminal procedure law functions the same way: it prevents conviction. The presumption of innocence, the burden of proof, the right not to be unreasonably searched, the right to an attorney, the right to present and confront witnesses, etc, all can function to prevent the conviction of a guilty person. We accept this because we think that too much state power is worse than regular crime. If you want to be sure of convicting the guilty every time, you're going to have to accept the loss of many freedoms as well as the conviction of many innocent people.