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Jury Nullification

One reason to turn down this bill and have "informed" juries is that juries with knowledge of this right could take an active role in shaping legislature and revoking old and no longer pertinent laws. Or a jury could represent the people's views on certain important domestic issues. Often, as can be said about points during the Civil Rights movement of the 1950s and 1960s, total or even widespread attention is not paid to a specific issue until it takes the form of a major court case for all the public to see. Given the chance, not only can the people gauge public sentiment by a case but a small portion of the public can be the voice of a larger group. The jury is one of the few opportunities for the common people to take an active role in any governmental process let alone one that can directly have an immediate impact on their lives. Failing to inform a jury of their right to take part in such an important process can be seen as the equivalent of stripping the right itself. .
             There are equally compelling arguments for the passing of a bill that would require a jury instruction that does not include mention of the right to nullification. It can be said that for every reason to uphold the principles of true democracy and have fully "informed" juries, there is also a convincing rationale to withhold this information to avoid any abuse or misuse of that right. .
             The case of U.S. v. Dougherty is a good example of a jury being in the position to misuse their right of nullification. The case involved Vietnam protestors trashing the offices of a chemical manufacturer contracted to produce Napalm for the US war efforts in Vietnam. The defendants were convicted however the jury could have demonstrated their opposition to the war by acquitting the defendants. An acquittal could have served to show the widespread public disagreement with the war. Some may call this hypothetical situation an example of an extremely efficient democratic process considering a single court case could have said what an entire anti-war movement tried to accomplish.


Essays Related to Jury Nullification

1. Jury Nullification

Jury Nullification Democracy in Action Men do not make laws. ... A Brief History of Jury Nullification Jury nullification dates as far back as the Magna Carte, in 1215. ... In fact the FIJA views jury nullification not only as a right, but also as a duty of the jury. ... Jury nullification is the ultimate example of this principle in action. ... Jury Nullification in Practice While not often practiced, jury nullification has been used in a variety of cases throughout the years. ...

  • Word Count: 2789
  • Approx Pages: 11
  • Has Bibliography

2. Jury Process

Jury nullification played an important role in the jury. Nullification gave jurors the right to refuse to enforce the law against defendants whom they believe in good conscience should be acquitted. ... Nullification was used for both good (Penn & Zenger Cases) and bad (KKK trials). In this sense juries were able to question the law in hand and decide whether or not they saw it as fair in which if they found it oppressive they could nullify, but juries as in the South also used it for their own purposes. ... Juries use to be instructed that they had the right nullify, but that has disappea...

  • Word Count: 1546
  • Approx Pages: 6

3. Racial Profileing

From this perspective it becomes clear that although race-based jury nullification has many attractive features, it must be modified to be truly beneficial. The first step in analyzing Butler's conception of jury nullification is to examine problems which Butler claims cause a need for a solution. ... This problem is one which is essential to the discussion of jury nullification, and should be explored specifically for a number of reasons. ... Secondly, and perhaps more significantly, the high rate of incarceration, upon further examination, leads to conclusions about its causes which the...

  • Word Count: 3584
  • Approx Pages: 14
  • Grade Level: Undergraduate

4. The Right To A Free Trial

Throughout this essay, a comparison of a real jury, a simulated jury, and Hollywood's perception of a jury will be discussed. The television special, Inside the Jury Room, showed a videotaping of a real life jury as seen in a small criminal courtroom. ... In the past, juries only admitted white males, as in 12 Angry Men. ... During Inside the Jury Room, due to Leroy's retardation, the jury felt that the case never should have come to trial. ... They concluded that the man did not have the ability to understand the law nor what crime he committed, and thus, nullified the law fo...

  • Word Count: 1518
  • Approx Pages: 6
  • Grade Level: High School

5. Law, Society and Dual Court Systems

Although, this is a double-edged sword as a negative would be the inability to have a case seen in general jurisdiction if some requirements are not met, preventing certain cases from getting as much time as needed, and the subject of much controversy jury nullification. ... This trauma can unfortunately be reinforced by the jury, a group of peers sent solely to judge you. This is a major criticism of the dual court system as the jury, peers and everyday citizens that carry their own biases and agendas, directly affect the way a trial may be ruled. These juries can nullify a ruling made by the...

  • Word Count: 728
  • Approx Pages: 3
  • Grade Level: Undergraduate

6. William Penn and Colonial Pennsylvania

Furthermore, the Frame pioneered the idea that unconstitutional laws should be nullified. Additionally, this Charter of Liberties guaranteed free and fair trial by jury for all, justice in imprisonment and free elections. This guarantee gave Indians in trials with colonists, a jury composed of half Native Americans. ... The right for a trial by jury granted in the colony of Pennsylvania is also present in the Bill of Rights' Sixth Amendment. Moreover, the colony, through its Frame, believed in the idea of nullifying unconstitutional laws present in the Tenth Amendment. ...

  • Word Count: 1692
  • Approx Pages: 7
  • Has Bibliography
  • Grade Level: Undergraduate

7. Parlimentary taxation

Customs officials transferred smuggling cases from the colonial courts, in which juries decided the outcome, to admiralty courts, where the judge alone gave the verdict. ... Because of the resistance towards the Quartering Act, it produced a strong Anti-American feeling in the House of Commons, and Parliament threatened to nullify all laws unless they cooperated, and came up with the necessary funds. ...

  • Word Count: 533
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  • Grade Level: Undergraduate

8. Colonists' Attitudes Before The Revolution

The British attempted to preserve control over the colonists after the war with these acts but were most unsuccessful because they continued to smuggle goods and before long also managed to nullify the Stamp Act of 1765 (Sons and Daughters of Liberty), causing Great Britain to suffer an economic adversity. ... This act was especially harmful to the colonists since it seemed to put a precarious example in America against jury trials and popular assemblies. ...

  • Word Count: 656
  • Approx Pages: 3
  • Grade Level: Undergraduate

9. Bill Of Rights

According to Hugo Black, "The Framers were well aware that the individual rights they sought to protect might be easily nullified if subordinated to the general powers granted to Congress. ... Amendment Six provides the right to a "speedy and public trial, by an impartial jury,"" to be "informed of the nature and cause of the accusation,"" and "to have compulsory process for obtaining Witnesses in his favor, and to have Assistance of Counsel for his defense."" ... Furthermore, it outlines regulations that they must follow in order to protect those rights, such as obtaining witnesses and provid...

  • Word Count: 1521
  • Approx Pages: 6
  • Has Bibliography
  • Grade Level: Undergraduate

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