Showing posts with label trial. Show all posts
Showing posts with label trial. Show all posts

Juries Were Supposed To Be Able To Overturn Laws

by Clay Conrad.   History is clear. The law is unclear on exactly what a jury is. Juries can range from four to 12 members, depending on the state and case. In two states, criminal juries need not reach unanimous judgments. In some states, jurors can question witnesses. There have even been arguments for so-called professional jurors. Some believe   ... MORE

Jury Nullification Gets Big Boost From Lawmakers

by Bob Unruh. Because justice is a result, not just a process.   A New Hampshire bill would require state courts to inform juries that a defendant who has been shown to have committed a crime can be declared not guilty if a guilty verdict would “yield an unjust result,” a concept known as jury nullification. The plan, approved 184-145 by the state House  ... MORE

Justice Sotomayor Has Kind Words For Jury Nullification

by Jacob Sullum.   Because justice is a result, not just a process. This week Supreme Court Justice Sonia Sotomayor had some kind words for jury nullification, which empowers jurors to judge the law as well as the facts of a case and may involve disregarding the law when the law is unjust. During a discussion about juries at NYU Law School on   ... MORE

America's History Of Justice: How Jury Nullification Set Wild Bill Hickok Free Although He Killed A Man Illegally!

Because justice is a result, not simply a process.   On July 20 1865, James Butler “Wild Bill” Hickok was playing in a poker game at the Lyon House Hotel in Springfield MO., when a friend of his, Davis Tutt showed up claiming Hickok owed him $45 from an earlier game. Hickok said he only owed $25 since he had paid Tutt $20 some days    ... MORE

Police Prosecutions Have Increased, But Not Convictions

by Scott Shackford.      I don't know that I would necessarily call it "good news" that we're seeing more police officers facing actual charges and trials for fatal shootings. Given, though, that there's been a notable increase in the number of people killed by police in recent years, a doubling in the frequency by which officers face trial in 2015     ... MORE

AP: Federal Court To Hear Challenge To Jury Nullification

Free speech under assault.     A federal judge is scheduled to hear evidence in a lawsuit arguing that a Denver judge cannot bar people from telling potential jurors outside a courthouse that they have a right to ignore laws they believe are wrong. Attorney David Lane filed a lawsuit against the city and Denver police, asking a federal judge to   ... MORE

The Case Against Jury Nullification -- Rebutted

by Ilya Somin, Washington Post.    JUSTICE IS A RESULT, not just a process. In a recent post, co-blogger Orin Kerr offers a thoughtful critique of my and Glenn Reynolds’ recent defenses of jury nullification. Orin’s points have some validity.  But, on balance, I still think that jury nullification is likely to be more beneficial than harmful relative  ... MORE

Explaining Jury Nullification To A Sitting Judge

by Scott Shackford.    I spent a day last week immersed in Los Angeles County's immense judicial system downtown after being summoned to jury duty. My experience was not quite as vividly terrible as Matt Welch's in New York, partly because Los Angeles lets you complete your questionnaire and orientation videos online well in advance, and thus I was   ... MORE

Ilya Somin: Rethinking Jury Nullification

The jury's equivalent power to prosecutorial discretion. Jury nullification occurs when jurors choose not to convict a defendant they believe to be guilty of the offense charged, usually because they conclude that the law in question is unjust or the punishment is excessive. When I first thought about jury nullification as a young law student,    ... MORE

Jury Trials Keep The Government Under Control

by Nathan Wente.    Because justice is a result, not just a process. The 6th Amendment states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed…” The right to a jury trial should be, and was designed to be by our     ... MORE

Dreadful Criminal Justice System Destroyed Kalief Browder

by Scott Schackford.   Elizabeth Nolan Brown linked to a piece at The New Yorker this morning about the suicide of Kalief Browder, 22, who spent three years at Rikers Island, often stuck in solitary confinement, without ever seeing a trial. The journalist, Jennifer Gonnerman, originally dove deep into Browder's case back in October, and it's worthy  ... MORE

All You Need To Know About Jury Nullification (PDF)

(but are prevented from hearing)  What is jury nullification? Jury nullification is the term given to the process where the jury of a criminal case acquits the defendant regardless if he has broken the law in question. The jury would do this in a case where they judge law to be unjust, therefore the jury can vote find the defendant innocent since    ... MORE

Jury Nullification: A Concept Every American Should Learn

by Kevin Mathews.     A juror can insist on justice. Did you know that, no matter the evidence, if a jury feels a law is unjust, it is permitted to “nullify” the law rather than finding someone guilty? Basically, jury nullification is a jury’s way of saying, “By the letter of the law, the defendant is guilty, but we also disagree with that law, so we   ... MORE

Tom Knapp: J-U-R-Y does not spell 'rubber stamp'

It's getting harder to prosecute victimless crimes. Break out the world’s smallest violin for prosecutors in Alachua County, Fla. They’re having problems finding citizens who will jail other citizens for marijuana possession. In one recent case it took hours to weed out (pun intended) prospective jurors who didn’t think marijuana should be illegal.  ... MORE

NH Bill Would Promote Jury Nullification Defense

The power to stand up to tyranny.    A bill in the New Hampshire State House would make it illegal for a judge to stop a defendant from telling the jurors about their ability to nullify unjust or immoral laws. House Bill 246 (HB246) would make it “an act of maladministration for a judge to deny or limit the right of the accused to inform the    ... MORE

Every American Needs To Learn About Jury Nullification

by Kevin Mathews.    Did you know that, no matter the evidence, if a jury feels a law is unjust, it is permitted to “nullify” the law rather than finding someone guilty? Basically, jury nullification is a jury’s way of saying, “By the letter of the law, the defendant is guilty, but we also disagree with that law, so we vote to not punish the accused.”   ... MORE

We Are The Enemy: Is This The Lesson Of Ferguson?

by John W. Whitehead.   Should police officer Darren Wilson be held accountable for the shooting death of unarmed citizen Michael Brown in Ferguson, Missouri, on August 9, 2014? Tasked with determining whether Wilson should stand trial for Brown’s shooting, the grand jury ruled that the police officer will not face charges for the fatal shooting.     ... MORE

Nullification: The Secret Weapon Against Harsh Sentencing

by Molly Knefel.      What if justice was the goal? On July 2, Occupy Wall Street protester Cecily McMillan was released from Rikers Island, completing a sentence that her jury never wanted her to serve. On May 19, that jury of twelve convicted McMillan of felony assault against police officer Grantley Bovell. The verdict came after a four-week     ...  MORE

Why Every American Needs to Learn This Taboo Verdict

by Kevin Mathews.      Learn about Jury Nullification. Did you know that, no matter the evidence, if a jury feels a law is unjust, it is permitted to “nullify” the law rather than finding someone guilty? Basically, jury nullification is a jury’s way of saying, “By the letter of the law, the defendant is guilty, but we also disagree with that    ... MORE

California Officials Dread Rail Project Trial

by Steven Greenhut.       Those readers who are familiar with Judge Gideon Tucker's words that "No man's life, liberty, or property are safe while the legislature is in session," might chuckle that two good-news-for-taxpayers stories came out of Sacramento last week. They came, coincidentally, as legislators had left town to enjoy their spring   ... MORE