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No, passing a law against jurors advocating for jury nullification would probably be unconstitutional on First Amendment grounds. In addition, there are incred
by coyotespike 5y ago
No, passing a law against jurors advocating for jury nullification would probably be unconstitutional on First Amendment grounds.
In addition, there are incredibly strong norms against penalizing jurors, except for clear misconduct such as taking bribes, or conducting outside research. Founder of Pennsylvania William Penn's trial sticks in my mind here for some reason.
As a result, in the US, it does not vary by jurisdiction. What does vary is how clearly each jurisdiction supports jury nullification. Some have considered requiring the judge to inform the jury of their right to nullify, others not so much.
Anyway, advocate away, you are perfectly safe, and if you weren't you would have multiple highly motivated legal organizations (like the ACLU, but also others) on your side.
- DangitBobby 5y agoWhy is it against the law to conduct outside research?
- detaro 5y agoBecause the result of the case is not supposed to be influenced by information (especially not information specific to the case) that has not been presented in court and the parties didn't have opportunity to address/challenge.
- _carbyau_ 5y agoCourt is meant to be an authoritative process. The prosecution and defence are meant to present "the relevant facts". Outside that, too many jurors might be influenced by what a Kardashian thinks...