What does the term jury nullification mean?

A jury’s knowing and deliberate rejection of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself, or because the result dictated by law is contrary to the jury’s sense of justice, morality, or fairness.

Is jury nullification a problem?

Jury nullification is a legal problem child. Aberrant but built into the Constitution, rebellious but merciful, lawless but often just, it defies easy categorization. Courts have been reluctant to discuss this unruly character, preferring that it remain in the shadows.

What does it mean to nullify a case?

Nullify means to remove the force, effectiveness, or value of something. The thing nullified is the refered to as null and void, or as being a nullity. It may refer to the invalidation of something by court order, on legal or ethical grounds of unsoundness.

Why is jury nullification important?

Jury nullification provides a process that can protect the father from punishment, even though his attack after the abuse is technically a crime as well. 2. It prevents personal bias from entering into the conviction process.

Why does jury nullification exist?

Reasons may include beliefs that: the law itself is unjust, the prosecutor has misapplied the law in the defendant’s case, the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system.

Why is jury nullification controversial?

Arguments against nullification include that it would lead to anarchy; that it is unwise or unnecessary; that it is necessary, but better left implicit; or that an instruction on nullification would impair the responsibility of the jurors by confusing them on their duties.

Is nullification legal?

Nullification is usually considered to be an act by a state finding a federal law unconstitutional, and declaring it void and unenforceable in that state. A nullification act often makes it illegal to enforce the federal law in question.

Can jury nullification be justified?

Nullification is inherently undemocratic, even if it is morally justified in a particular case. Sometimes, nullification is a tool that juries can use to set aside a law they believe is immoral or wrongly applied to the accused.

Is jury nullification ethical?

What is the opposite of jury nullification?

Reverse nullification licenses juries to apply their own personal prejudices and idiosyncratic values rather than the orderly, unbiased, application of fact to law.

What are the benefits of jury nullification?

List of the Pros of Jury Nullification

  • Nullification can be used as its own form of moral justice.
  • It prevents personal bias from entering into the conviction process.
  • The process provides needed checks and balances in the justice system.
  • It allows juries to have the final say.