3 ms·
> Jury nullification exists, but evidence whose only purpose (given the facts in dispute) is to promote it is, ipso facto, legally irrelevant and will be exclud
by ndriscoll 2y ago
> Jury nullification exists, but evidence whose only purpose (given the facts in dispute) is to promote it is, ipso facto, legally irrelevant and will be excluded for that reason.
What's interesting about this is it places jurors into a position where they need to decide whether to make an adverse inference against the state. If they have reason to believe that the defense may have wanted to present such facts but the state disallowed it, then it makes sense to refuse to convict (even if they wouldn't otherwise be in favor of nullification) so as not to participate in a show trial. But they can't actually know whether this happened because explaining why you committed a crime is usually a terrible idea, so you'd usually expect it to not happen.