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Jury nullification occurs when a jury returns a not guilty verdict even though jurors believe beyond reasonable doubt that the defendant has broken the law. This may happen when jurors disagree ...
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] Jury nullification has also been criticized for having resulted in the acquittal of whites who victimized blacks in the Deep South.
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.
Others, like CNN legal commentator Elie Honig, said that the case carries the “highest risk” of jury nullification precisely due to the popularity of the 26-year-old.
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.
Sparf v. United States ended the 100-years old custom of informing the jury of their right to decide both statutory law and facts. Since then, judges do not inform juries of their power to nullify the case statute, although that power is universally acknowledged. Justice Harlan, speaking for the majority, quoted Kane v. Com., 1 Cr. Law Mag. 51, 56:
The case is Murray v UBS Securities LLC et al, 2nd U.S. Circuit Court of Appeals, No. 20-4202. (Reporting by Jonathan Stempel in New York; Editing by Matthew Lewis) Show comments
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 ...