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Juror nullification not permitted in many states. In California, you will be found in contempt of court for doing so, or at best be removed from the jury for mi
by BJBBB 11y ago
Juror nullification not permitted in many states. In California, you will be found in contempt of court for doing so, or at best be removed from the jury for misconduct. Also, essentially zero federal judges will permit any open discussion of law nullification.
- hippich 11y agoWhile I see how discussion can be prevented, but how actually juror can be stopped from nullifying the law? From my understanding this is catch-22 - you should follow law but juror can not be prosecuted for not following it.
- Crito 11y agoI don't know if this is actually what happens, but I think in theory it could work like this: 1) They ask you during selection, while under oath, questions which amount do "are you aware of jury nullification, and/or, are you willing to apply the law" 2) You lie, and answer those questions with the answers they want, and get selected. 3) You refuse to convict, despite overwhelming evidence, because you're into the idea of nullification. 4) They somehow prove that you lied during step 2, while under oath. How that 4th one works, I don't know. Does anybody have any examples of it happening?
- hippich 11y agoFrom my understanding, judges/prosecutors are trying to make no mention whatsoever about nullification. Probably because then juror might actually consider it. But I am not citizen and never been juror or witnessed one :) just read some wiki pages.
- Crito 11y agoMy understanding is that they absolutely will not mention it by name, or even elude to it, but will instead ask questions which would cover it. For instance something like, "Are you willing to carry out the law as it is written?" or "Are you willing to decide this case based on the facts presented to you." or something else to that effect. If you know of and believe in jury nullification, the honest answer to those questions is "No." That might not be exactly what they ask, but I think it's something like that at least.
- FishMan2 11y agoI can retroactively justify an answer of "yes" to those questions. Also presumably I wouldn't explicitly state I was using jury nullification, as I am only required to return a verdict. >Are you willing to carry out the law as it is written? Yes. As written, I can deliver whatever verdict I want and the law says I cannot be prosecuted for it. >Are you willing to decide this case based on the facts presented to you Yes. With the facts given to me, I choose not to convict this person.
- xenadu02 11y agoI understand the pedantic nerd impulse to explain everything to everyone and prove who's right (I've had to master that urge myself). This is a case where you should keep these thoughts to yourself. If you believe the law or case to be unjust then convince your fellow jurors by poking holes in the case, or if need be just vote to acquit and refuse to explain why.
- hondo77 11y agoWhich will result in a mistrial, then a new trial, then a new jury who doesn't have a lying jerk amongst them. You will have accomplished nothing but being a lying jerk. Before being put on a jury, you would have sworn an oath to decide the case based on the evidence provided during trial. If you decide that you don't want to do that and lie to get on the jury anyway, you've wasted everybody's time because you felt like being a jerk. Way to go, hero.
- Crito 11y agoSurely it only results in a mistrial if you don't get the rest of the jury to go along with you? Or are there cases where the whole jury comes back with "not guilty", and a mistrial is declared because they didn't say "guilty"? > "If you decide that you don't want to do that and lie to get on the jury anyway, you've wasted everybody's time because you felt like being a jerk. Way to go, hero." Arguably wasting everybody's time is a form of civil protest. If every drug charge went through several mistrials before they managed to obtain a conviction, then DA's might be more hesitant to bring less egregious cases to trial. Do you think that the act of nullification in general makes you a jerk? Or only when used in certain circumstances? Were Northerners who nullified for escaped slaves being jerks?
- FireBeyond 11y agoYour civil protest could cost other people thousands of dollars in legal and other costs, result in other people spending more time incarcerated, and the like, without their consent. The consequence for you is a few days spent feeling like a hero. The consequences for others can be much greater.