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Jury nullification may also occur in civil suits, in which the verdict is generally a finding of liability or lack of liability (rather than a finding of guilty or not guilty). [22] The main ethical issue involved in jury nullification is the tension between democratic self-government and integrity. [23]
Jury nullification sometimes takes the form of a jury convicting the defendant of lesser charges than the prosecutor sought. [13] In the 21st century, many discussions of jury nullification center around drug laws that many consider unjust either in principle or because they disproportionately affect members of certain groups.
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 ...
The Constitution does not contain any clause expressly providing that the states have the power to declare federal laws unconstitutional. Supporters of nullification have argued that the states' power of nullification is inherent in the nature of the federal system. They have argued that before the Constitution was ratified, the states essentially were separate nation
Jury determination of questions of law, sometimes called jury nullification, cannot be overturned by a judge if doing so would violate legal protections against double jeopardy. [83] Although a judge can throw out a guilty verdict if it was not supported by the evidence, a jurist has no authority to override a verdict that favors a defendant. [84]
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.
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 ...
Strike for cause (also referred to as challenge for cause or removal for cause) is a method of eliminating potential members from a jury panel in the United States.. During the jury selection process, after voir dire, opposing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict, in either determining guilt or innocence and/or a ...