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Right, but there are still some sticky issues surrounding nullification. "This so-called right of jury nullification is put forward in the name of liberty and
by ics 13y ago
Right, but there are still some sticky issues surrounding nullification.
"This so-called right of jury nullification is put forward in the name of liberty and democracy, but its explicit avowal risks the ultimate logic of anarchy."
See:
http://law2.umkc.edu/faculty/projects/ftrials/juryseminar/USvDougherty1972.html http://law2.umkc.edu/faculty/projects/ftrials/juryseminar/US...
http://caselaw.findlaw.com/us-2nd-circuit/1382192.html http://caselaw.findlaw.com/us-2nd-circuit/1382192.html
Essentially, while jury nullification does exist and should be upheld it is critical that jurors are aware of it beforehand or may be otherwise informed.
- cpleppert 13y agoThis just doesn't come up in most high profile cases. The government will strike any juror who is a threat to use nullification.