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Some alleged costs of jury nullification include inconsistent verdicts and discouraging of guilty pleas. [57] There is some question as to whether jury nullification should be disallowed in cases where there is an identifiable crime victim. [58] Jury nullification has more support among legal academics than judges. [59]
The reversal of a jury's verdict by a judge occurs when the judge believes that there were insufficient facts on which to base the jury's verdict or that the verdict did not correctly apply the law. That procedure is similar to a situation in which a judge orders a jury to arrive at a particular verdict, called a directed verdict. A judgment ...
"This court in a 14½-year tenure as a judge in hundreds of jury trials, has never overturned a jury verdict," Serrott wrote in his decision. "This case is the rare exceptional case where justice ...
Some commonly cited historical examples of jury nullification involve jurors refusing to convict persons accused of violating the Fugitive Slave Act by assisting runaway slaves or being fugitive slaves themselves, and refusal of American colonial juries to convict a defendant under English law. [8] Jury nullification is the source of much debate.
Make no mistake, jury nullification, like it or not, is as American as apple pie: Courts recognize that jurors surely have the power to nullify, even if not the right. ... A juror nullifying in a ...
An Ohio woman who suffered a miscarriage and left the nonviable fetus at home will not be criminally charged, a grand jury decided Thursday, dismissing a case that highlighted the extent to which ...
United States v. Thomas, 116 F.3d 606 (2nd Cir. 1997), [1] was a case in which the U.S. Court of Appeals for the Second Circuit ruled that a juror could not be removed from a jury on the ground that the juror was acting in purposeful disregard of the court's instructions on the law, when the record evidence raises a possibility that the juror was simply unpersuaded by the Government's case ...
Rahmani said there is a “very high possibility” of jury nullification in his case where a sympathetic juror could hold out for Mangione. This photo, provided by the Hawaii Dept. of Land and ...