Can you be on a jury if you know about jury nullification?

For the most part, the answer is no. You should NOT discuss jury nullification with your fellow jurors. It is well-established that it is perfectly legal for a juror to vote not guilty for any reason they believe is just.

What happens if you know about jury nullification?

Jury nullification occurs when a jury returns a verdict of “Not Guilty” despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wrongly applied to the defendant whose fate they are charged with deciding.

What is jury nullification and why does it happen?

Jury nullification occurs when a trial jury reaches a verdict that is contrary to the letter of the law because the jurors either: disagree with the law under which the defendant is prosecuted, or. believe that the law shouldn’t be applied in the case at hand.

What are some reasons why a potential juror would be dismissed?

Either side can dismiss individuals from the jury for any number of reasons.

• Economic Hardship. One of the more common reasons people are excused from jury duty is because serving on the jury presents that person with an economic hardship.
• Personal Opinions.
• Felony Conviction.
• Family Issues.
• Physical/Mental Disabilities.

Is jury nullification good or bad?

This may sound radical, perhaps even subversive, but jury nullification serves as an important safeguard against unjust laws, as well as against the unfair application of well‐​intended laws.

Is jury nullification legal in California?

Jurors do not generally admit that they voted to acquit a defendant they otherwise believed was guilty based on their objections to the applicable law. However, since 2001 it has been well-settled that jury nullification is not sanctioned by California law.

Is jury nullification good?

This may sound radical, perhaps even subversive, but jury nullification serves as an important safeguard against unjust laws, as well as against the unfair application of well‐​intended laws. It’s also steeped in American and British legal tradition.

What is jury nullification in Canada?

2d 1002 (4th Cir. 1969), the Court affirmed the concept of jury nullification, but upheld the power of a court to refuse to permit an instruction to the jury to this effect. In 1972, in United States v. Dougherty, 473 F.

Is jury nullification legal in Canada?

Although extremely rare, jury nullification occurs in Canada. As the prosecution has powers to appeal the resulting acquittal, it lacks the finality found in the United States. However, the Crown cannot appeal on grounds of an unreasonable acquittal although it can appeal on errors of law.

What is jury nullification essay?

Jury nullification is when a jury acquits a defendant who it believes is guilty of the crime he is charged (Hickey, 2010. This is because the jury chose to ignore the facts of the case and the judge instructions, and based his or her decision on personal opinion. …

Is jury nullification just or unjust?

Nullification is not an official part of criminal procedure, but is the logical consequence of two rules governing the systems in which it exists: Jurors cannot be punished for reaching a “wrong” decision (such as acquitting a defendant despite their guilt being proven beyond a reasonable doubt).

Should the jury have the right to nullify?

The right for a jury to nullify is well established law. The SCOTUS has ruled that juries have that power and judges cannot overturn a nullification verdict or declare a mistrial. However, few judges and no prosecutors will ever tell a jury about nullification.

Can a judge overturn a nullification verdict or declare a mistrial?

The SCOTUS has ruled that juries have that power and judges cannot overturn a nullification verdict or declare a mistrial. However, few judges and no prosecutors will ever tell a jury about nullification.

Can a not guilty verdict hang the jury?

In what can be said to be a milder form of jury nullification, some of the jurors, or even just one in most cases, can hang the jury by maintaining a Not Guilty verdict even though they believe the defendant broke the law. There is no requirement that jurors must come to a unanimous verdict.

Should the jury decide what the law is?

The jury isn’t supposed to decide what the law is—or what it should be. Disagreement with a law, sympathy for a victim, feelings about a particular crime, or distaste for the defendant isn’t supposed to prevent a jury from following the law and making a dispassionate evaluation of the defendant’s guilt or innocence.