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Jury Nullification

Although the law at the time clearly prohibited publishing any statement (true or false) criticizing public officials, the jury returned a verdict of not guilty. "The [use of] jury nullification in this case is praised as a hallmark of freedom of the press in the United States." (Iowa State Bar: Position Papers).
             Jury nullification again made its mark on American history in the mid 19th century. Northern jurors began to refuse to convict abolitionists who had violated the 1850 fugitive slave law. Consequently judges began questioning perspective jurors and dismissing anyone who expressed a prejudice against the government's position. This case, and other similar cases, eventually brought the issue of jury nullification to the Supreme Court in 1985. Since the right of the jury to nullify is deeply rooted in the constitution, the issue Sparf v. US in became the obligation of the presiding judge to inform the jury of its right. .
             The court ruled that although juries have the right to ignore a judge's instructions regarding the law, they don't have to be made aware of their right to do so. The reasoning put forth dealt with a judge's worry that informing jurors of their power to nullify would result in jury anarchy, with jurors following their own sympathies instead of the rule of law. The Sparf decision has since been met with quite a bit of opposition. In Justice Gray's dissenting opinion she refers to the historical and logical role of the jury as a buffer between the accused and an unjust application of the law. In her opinion, in order to fulfill this role jurors must be informed of their right to disregard the law, and be trusted to use discretion in its application.
             Proponents of Jury Nullification.
             Organizations such as The Fully Informed Jury Association and the International Society for Individual Liberty are leaders in the fight to protect and publicize the jury's right of nullification.


Essays Related to Jury Nullification

1. Jury Nullification

With this in mind there can be a strong argument made for the use of a nullification instruction to the jury. ... Dougherty is a good example of a jury being in the position to misuse their right of nullification. ... Dougherty of 1972 is a landmark case in the issue of jury nullification and the points made in the opinions are persuasive both for and against a nullification instruction. ... The dissenting opinion has an idealistic view of how a jury would operate if informed of nullification but the argument may not be entirely solid. ... The matter of jury nullification and/or...

  • Word Count: 1723
  • Approx Pages: 7

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
  • Approx Pages: 2
  • 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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