3 ms·
I 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 whi
by Crito 11y ago
I 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.