Is jury nullification ever justified?

Is jury nullification ever justified?

There is no such thing as valid jury nullification. You would violate your oath and the law if you willfully brought a verdict contrary to the law given to you in this case.” But it deemed this a harmless error and affirmed the conviction.

Did the Founding Fathers Support jury nullification?

The first Chief Justice of the Supreme Court and Founding Father, John Jay, alluded to the inherent power of jurors to nullify when he said jurors have “a right to determine the law as well as the fact in controversy.” [1] The writings of Jefferson, Adams, Hamilton, and other founders, Federalists and Anti- …

Is jury nullification ethical?

The main ethical issue involved in jury nullification is the tension between democratic self-government and integrity. The argument has been raised that prosecutors are not allowed to seek jury nullification, and therefore defendants should not be allowed to seek it either.

What are the pros of jury nullification?

List of the Pros of Jury Nullification

• Nullification can be used as its own form of moral justice.
• It prevents personal bias from entering into the conviction process.
• The process provides needed checks and balances in the justice system.
• It allows juries to have the final say.

Can a judge overturn a jury verdict in Canada?

Judges are very reluctant to overturn a jury verdict. Jury verdicts are statements of the community. Therefore they are given great respect. Furthermore in a criminal case, a judge cannot overturn a verdict of not guilty as that would violate a defendant’s 5th amendment right.

Is jury nullification allowed in California?

However, since 2001 it has been well-settled that jury nullification is not sanctioned by California law. That year, the state’s Supreme Court announced its decision in People v. Williams.

Is jury nullification constitutional?

Jury nullification is a discretionary act, and is not a legally sanctioned function of the jury. It is considered to be inconsistent with the jury’s duty to return a verdict based solely on the law and the facts of the case.

Does Australia have jury nullification?

Many see jury nullification as a byproduct of two laws that exist in both the US and Australia – laws which protect jury secrecy and safeguard against double jeopardy.

Why is jury nullification controversial?

Arguments against nullification include that it would lead to anarchy; that it is unwise or unnecessary; that it is necessary, but better left implicit; or that an instruction on nullification would impair the responsibility of the jurors by confusing them on their duties.

Is jury nullification legal in Canada?

It is widely accepted, including by the Supreme Court of Canada (SCC), that juries have the power to make decisions free of intervention by government authorities.

How many jurors sit on a jury in a criminal trial in Canada?

Twelve
In a criminal trial, the purpose of the jury selection process is for Crown counsel (also called the prosecution) and defence counsel (the lawyer for the person charged with the crime) to decide who they want on the jury. Twelve to 14 jurors are chosen for criminal trials.