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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]
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 ...
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 California jury has returned a $63 million verdict against Chevron after finding the oil giant covered up a toxic chemical pit on land purchased by a man who built a house on it and was later ...
In a criminal libel case, R. v. Shipley (1784), 4 Dougl. 73, 99 E.R. 774, at p. 824, Lord Mansfield, sitting as a judge in the case, disparaged the practice of jury nullification: So the jury who usurp the judicature of law, though they happen to be right, are themselves wrong, because they are right by chance only, and have not taken the ...
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 ...
A California prosecutor whose office is reviewing dozens of death penalty convictions over allegations of decades-old racial bias said Wednesday that she is weighing whether to retry another case ...
Juror misconduct is when the law of the court is violated by a member of the jury while a court case is in progression or after it has reached a verdict. [1] Misconduct can take several forms: Communication by the jury with those outside of the trial/court case. Those on the outside include “witnesses, attorneys, bailiffs, or judges about the ...