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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

Jury Nullification Democracy in Action Men do not make laws. ... A Brief History of Jury Nullification Jury nullification dates as far back as the Magna Carte, in 1215. ... In fact the FIJA views jury nullification not only as a right, but also as a duty of the jury. ... Jury nullification is the ultimate example of this principle in action. ... Jury Nullification in Practice While not often practiced, jury nullification has been used in a variety of cases throughout the years. ...

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

2. Jury Process

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. ... Nullification was used for both good (Penn & Zenger Cases) and bad (KKK trials). In this sense juries were able to question the law in hand and decide whether or not they saw it as fair in which if they found it oppressive they could nullify, but juries as in the South also used it for their own purposes. ... Juries use to be instructed that they had the right nullify, but that has disappea...

  • Word Count: 1546
  • Approx Pages: 6

3. Racial Profileing

From this perspective it becomes clear that although race-based jury nullification has many attractive features, it must be modified to be truly beneficial. The first step in analyzing Butler's conception of jury nullification is to examine problems which Butler claims cause a need for a solution. ... This problem is one which is essential to the discussion of jury nullification, and should be explored specifically for a number of reasons. ... Secondly, and perhaps more significantly, the high rate of incarceration, upon further examination, leads to conclusions about its causes which the...

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

4. The Right To A Free Trial

Throughout this essay, a comparison of a real jury, a simulated jury, and Hollywood's perception of a jury will be discussed. The television special, Inside the Jury Room, showed a videotaping of a real life jury as seen in a small criminal courtroom. ... In the past, juries only admitted white males, as in 12 Angry Men. ... During Inside the Jury Room, due to Leroy's retardation, the jury felt that the case never should have come to trial. ... They concluded that the man did not have the ability to understand the law nor what crime he committed, and thus, nullified the law fo...

  • Word Count: 1518
  • Approx Pages: 6
  • Grade Level: High School

5. Law, Society and Dual Court Systems

Although, this is a double-edged sword as a negative would be the 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. ... This trauma can unfortunately be reinforced by the jury, a group of peers sent solely to judge you. This is a major criticism of the dual court system as the jury, peers and everyday citizens that carry their own biases and agendas, directly affect the way a trial may be ruled. These juries can nullify a ruling made by the...

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

6. William Penn and Colonial Pennsylvania

Furthermore, the Frame pioneered the idea that unconstitutional laws should be nullified. Additionally, this Charter of Liberties guaranteed free and fair trial by jury for all, justice in imprisonment and free elections. This guarantee gave Indians in trials with colonists, a jury composed of half Native Americans. ... The right for a trial by jury granted in the colony of Pennsylvania is also present in the Bill of Rights' Sixth Amendment. Moreover, the colony, through its Frame, believed in the idea of nullifying unconstitutional laws present in the Tenth Amendment. ...

  • Word Count: 1692
  • Approx Pages: 7
  • Has Bibliography
  • Grade Level: Undergraduate

7. Parlimentary taxation

Customs officials transferred smuggling cases from the colonial courts, in which juries decided the outcome, to admiralty courts, where the judge alone gave the verdict. ... Because of the resistance towards the Quartering Act, it produced a strong Anti-American feeling in the House of Commons, and Parliament threatened to nullify all laws unless they cooperated, and came up with the necessary funds. ...

  • Word Count: 533
  • Approx Pages: 2
  • Grade Level: Undergraduate

8. Colonists' Attitudes Before The Revolution

The British attempted to preserve control over the colonists after the war with these acts but were most unsuccessful because they continued to smuggle goods and before long also managed to nullify the Stamp Act of 1765 (Sons and Daughters of Liberty), causing Great Britain to suffer an economic adversity. ... This act was especially harmful to the colonists since it seemed to put a precarious example in America against jury trials and popular assemblies. ...

  • Word Count: 656
  • Approx Pages: 3
  • Grade Level: Undergraduate

9. Bill Of Rights

According to Hugo Black, "The Framers were well aware that the individual rights they sought to protect might be easily nullified if subordinated to the general powers granted to Congress. ... Amendment Six provides the right to a "speedy and public trial, by an impartial jury,"" to be "informed of the nature and cause of the accusation,"" and "to have compulsory process for obtaining Witnesses in his favor, and to have Assistance of Counsel for his defense."" ... Furthermore, it outlines regulations that they must follow in order to protect those rights, such as obtaining witnesses and provid...

  • Word Count: 1521
  • Approx Pages: 6
  • Has Bibliography
  • Grade Level: Undergraduate

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