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It’s also not necessarily a legal strategy even as a Hail Mary. California’s state Supreme Court ruled in 2001 that jury nullification is not a valid decision…
by thebradbain 5y ago
It’s also not necessarily a legal strategy even as a Hail Mary.
California’s state Supreme Court ruled in 2001 that jury nullification is not a valid decision… and my understanding is if the outcome case can be attributed to “jury nullification” (i.e. could be as obvious as the defense suggesting it as an avenue to the jury, which ironically itself is legal, or as technical as the jury refusing to consider or explicitly refusing a piece of evidence that is entered in the record— think a moral objection to the law, or “evidence undeniably shows the defendant left the scene at 7pm, but we the jury contend it was 6pm”) it legally would be considered a mistrial and allowed to be re-litigated— and the sole person who has the power to attribute something to jury nullification and/or declare mistrial? The judge.
https://sddefenseattorneys.com/blog/jury-nullification/ https://sddefenseattorneys.com/blog/jury-nullification/