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> Nullification is a different thing and grand juries cannot do it. It might not fit the textbook definition of jury nullification, but it would absolutely fit
by Sohcahtoa82 1mo ago
> Nullification is a different thing and grand juries cannot do it.
It might not fit the textbook definition of jury nullification, but it would absolutely fit the spirit of the definition.
If the prosecution presents nearly irrefutable proof that the Ohio man destroyed the camera (Which from what I've heard is the case), but the grand jury declined to indict anyway because they're vehemently against Flock cameras and want to stick it to the government, then as far as I'm concerned, that's nullification.
- woodruffw 1mo agoIt doesn’t fit the spirit, because it doesn’t have the legal qualities of nullification. In particular, the prosecutor can choose to empanel a new grand jury and seek a new indictment on the exact same charge.
- anthonyrstevens 1mo agoThat's a technical distinction over which the original jurors have no control. I think the scenario described in GP exactly meets the spirit of nullification.
- woodruffw 1mo agoThe entire point is that they have no control! That’s what makes it not nullification. Edit: to be clear, the essential quality of nullification is that it’s the product of a contradiction between two unassailable principles in our legal system. Without that contradiction, which does not exist in a grand jury context, a juror’s decision is not nullifying. It’s just a decision.
- Plont 1mo agoI get what you mean, but using a word with a very specific meaning in a legal context to mean something else that's similar and likewise in a legal context, but with a more vague definition, will just create confusion. This kind of confusion in a legal context can cause major problems for people when they're trying to understand the law as it applies to their case. I don't think calling this nullification even adds any "spirit" meaning that isn't already present in "the grand jury declined to indict". These two things can be similar, but the details matter here.