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We also have the tradition of jury nullification in the US where jurors are free to acquit if they feel as though the law itself is unjust. Professional jurors
by pwned1 7y ago
We also have the tradition of jury nullification in the US where jurors are free to acquit if they feel as though the law itself is unjust. Professional jurors would no doubt shy away from that because their employment depends on the government. In addition, in the US, jurors don't make decisions on the law, just the facts.
- deleted 7y ago[deleted]
- vidarh 7y agoIn Norway jurors didn't make decisions on the law either, which is why the distinction between jurors and lay judges exists. It's kinda moot now as there aren't juries anymore, but both systems existed in parallel (for different types of cases and severity) It's not really that they are "free to acquit" either as much as that there is no mechanism for preventing it. The issue is controversial enough that the several circuits have made it clear courts can present jury instructions designed to minimize it and/or prevent the jury from being made aware of the ability. And this ability has also been extensively abused, e.g. for racist purposes. While it has also been used to attack unjust laws, I'm not convinced it is worth the risks.