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Jury Nullification

            Given the expansion of governmental powers in the 20th and 21st century it is a reasonable concern that the government, the judicial branch specifically, may unknowingly distance itself from the views of the society it was meant to represent. With this in mind there can be a strong argument made for the use of a nullification instruction to the jury. .
             Failure to notify a jury of its right to decide verdicts independent of the written law can be seen as a breach on the part of the judicial system. Common people are picked out of their ordinary lives to decide the fate of other individuals sometimes under intense moral pressures. To a simple person their being asked to add to the legal process is because of the unique consciences and principles that he/she would bring to the table, otherwise "Why would they bother me to do it?" To then ask this person to leave behind any personal scruples, the courts may be leading people on as to the real importance of their involvement in the legal system. In addition to this fact, juries are often instructed to decide cases based strictly on the given facts instead of hearing an instruction of their right to nullification. The message received after one takes part in the jury process is that the people are simply being allowed to partake in the legal process instead of taking an active role in shaping law and legislature. The attempt to restrict the people's access to law does not have to be an overt one for it to be seen as a real over-stepping of bounds set by the principles of democracy. .
             Aside from the possible constraints that arise from a non-nullification instruction there are some real opportunities for an improved relationship between the people and the law if juries are able to actively participate in the legal process. If a jury is informed of its right to "nullify" a law they could possibly revoke an out-dated law or simply represent the current views of their society.


Essays Related to Jury Nullification

1. Jury Nullification

... instruments for the discovery of law. (Calvin Coolidge, to the Massachusetts State Senate, January 7, 1914) Introduction Democratic theory teaches us to govern by majority rules, while still maintaining minority rights. Jury nullification epitomizes this theory and brings the law back into the hands of the people. By subjecting the laws of our nation to the approval of the masses the interests of ... is unjust in a particular application, and should therefore not be applied. In other words it allows the minority the opportunity to overrule the will of the majority. A Brief History of Ju...

  • Word Count: 2789
  • Approx Pages: 11
  • Has Bibliography

2. Jury Process

... retreat from this, in practice trial procedures indicate that there is still a preference for jurors with empty minds, which is some of the impartiality that drives jury selection today (49). Jury nullification played an important role in the jury. Nullification gave jurors the right to refuse to enforce the law against defendants whom they believe in good conscience should be acquitted. I a way juries were able ... to deliberate as judges of the laws justice, they empowered them to appeal fundamental principles of justice over and above the written law (61). Nullification was used for ....

  • Word Count: 1546
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3. Racial Profileing

... justice system. Secondly, and perhaps more significantly, the high rate of incarceration, upon further examination, leads to conclusions about its causes which then shed light on the discussion of jury nullification. The first step in examining this phenomenon is to examine what role racism plays in the high rate. There are several levels within the system at which discrimination could occur ... than hurt it. Butler presents several hypothetical cases, one of which involves a Black defendant arrested for possession of crack. Butler states that this case is easily decided, and that jury ...

  • Word Count: 3584
  • Approx Pages: 14
  • Grade Level: Undergraduate

4. Law, Society and Dual Court Systems

... inability to have a case seen in general jurisdiction if some requirements are not met, preventing certain cases from getting as much time as needed, and the subject of much controversy jury nullification. These issues cannot be quickly solved and dealt with as they also are part of why other mechanisms in the system work. The dual court system was devised to retain ... resources of the government and prevent emotional/mental/physical trauma from repeated trails. This trauma can unfortunately be reinforced by the jury, a group of peers sent solely to judge you. This is a major criticism...

  • Word Count: 728
  • Approx Pages: 3
  • Grade Level: Undergraduate

5. Annotation - Letter from Birmingham Jail

... used terrorism, violence, and acts of intimidation, such as cross burning, to oppress African Americans and other social or ethnic groups. Drink Hemlock After being found guilty by an Athenian jury, Socrates was sentenced to death. He drank a cup of poison hemlock. Elijah Muhammad's Muslim Movement Elijah Muhammad (1897-1975) was the leader of the Nation of Islam (Black Muslims ... opposed James Meredith's attempt to integrate the University of Mississippi. Barnett's open defiance of federal law and his unapologetically racist views often caused him to clash with federal authorities. Nu...

  • Word Count: 6336
  • Approx Pages: 25

6. Is There Room For Norms In Our Legal System?

... these shifting norms we would still have a 1960's way of life filled with oppression and overt racism. One of the biggest problems we face today with the judicial system is jury nullification. Though it is believed that these jurors are making a mockery of the court system by not convicting those who are guilty, it is just another step in the direction of ... ...

  • Word Count: 2029
  • Approx Pages: 8
  • Grade Level: High School

7. Civil War

... helped the slaves to runaway were charged a thousand dollar fine and six months in prison. The slaves who were captured were not given the chance for trial in front of a jury. With the help of the Compromise of 1850 the congress's main aim was to calm the turbulence between the Northern and the Southern states. This act also permitted the South ... and ideologies they were all fervent statesmen. Clay who was very much known as the "Great Compromiser" had great influence to sort out the trouble after the Missouri Crisis, the Nullification Controversy and the Wilmot Proviso. It was the de...

  • Word Count: 2102
  • Approx Pages: 8
  • Has Bibliography

8. Thomas Jefferson vs. Andrew Jackson

... the colonial people into the Tories and the Whigs, the loyalists and the patriots. His rebellion took shape against several factors including taxation with out representation, dispensing of trial by jury, abolishing valued laws, maintenance of standing armies in times of peace, cutting off our foreign trade burning towns, and creating hostilities between us and the Indians by mother England. Jefferson ... led to a one party dictatorship but Jefferson was able to prevent this in his Kentucky Resolutions. They concluded that the federal regime had exceeded its constitutional powers result...

  • Word Count: 2477
  • Approx Pages: 10
  • Grade Level: High School

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