Arguments Against Jury Nullification
Aff Case
“There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice.” It is because I agree with the words of Charles de Montesquieu that I affirm the resolution: in the United States criminal justice system, jury nullification ought to be used in the face of perceived injustice.
My value in this round is justice. Justice is defined as giving people their due. Justice within the context of today’s round can be seen as exclusively retributive as we are discussing a just response towards a transgression of American law. The central question of the resolution is whether a just society ought to implement jury nullification as a legitimate check towards the exercise of governmental power thus
…show more content…
Perceive, from Oxford, means: To regard as. Injustice, from Webster, means: a situation in which the rights of a person or a group of people are ignored. Ought, from Oxford, means: duty or correctness. This entails a moral obligation, thus a just society is morally obligated to allow jury …show more content…
Police officers, too, “take into consideration factors such as whether” the behavior of the accused “was merely a technical violation or whether other circumstances not formally recognized by the law justified or excused a defendant’s actions.” When police officers so use their judgement to apply and interpret the law, it is not considered anarchy or lead “to the end of the rule of law.” When prosecutors consider factors that are not relevant to a strict application of the law to decide whether or not to file charges, they are using their judgement. This happens almost every day, and this has not led to the end of governmental power. Thus, jury nullification has an inherent purpose: “to weed out inappropriate prosecutions where police and prosecutors failed to do
Dred Scott Case Summary
550 Words | 3 PagesSummary of Source The editorial discloses the power that the Court adheres to and whether it should be accountable for the decision making of fugitive slaves. The writer had discussed that in no way did the verdict of the Dred Scott case follow an act of law, but was merely “nullity.” During the settlement, they decided that since Dred Scott’s master had brought him on free land in Missouri or of the United States without having a citizenship, which resulted in him having no case. It continues on to say that the jurisdiction of the case was influenced by opinion, which did not involve any legalities.
Case Of R V Kokopenace
891 Words | 4 PagesThe Supreme Court of Canada consented to Kokopenace’s appeal. Justice Moldaver of the Supreme Court stated that although representativeness is quite a significant attribute of the jury roll, it is rather regulated to a certain extent (Pinder, 2015). The idea of representativeness does not regard every particular type of group to be
Examples Of Jury Nullification
457 Words | 2 PagesJury nullification occurs when a jury returns a verdict of "Not Guilty" despite its belief that the defendant is guilty of the violation charged, according to Doug Linder. The jury will nullify a law because it believes that it wrongly applies to the particular defendant. Is this right or wrong? Should a jury have the right to override the law? Juries have the power to nullify a law, but do they have the right to?
Jury System DBQ Essay
515 Words | 3 PagesThe Founding Fathers wanted the people of the United States to be in a democracy or self-government and established the jury system into the constitution. It is expensive and is a long process to start a jury trial. Also, jurors are not as professional as judges and can not determine a fair verdict. The Crime Scene Investigation (CSI) effect might also affect the verdict of the jury. The American jury system should not be used because of it not being cost-effective, the lack of experience of the jury, which leads to justice not being served, and the CSI effect impacting the
Jury Nullification Research Paper
125 Words | 1 PagesCritics try to counter by saying that jury nullification is a bad method because juries are not experienced and trained as police and prosecutor are. The thing is though juries are useful exactly because they are not trained to know the law. They are a common sense point of view because they are not affected by restricting law. Such a common sense point of view is necessary to properly balance the rule of law with the fair application of justice—because a purely legal approach made by lawyers and judges can often result in harsh results. That is why it is important to have another party whose views can be different from judges and lawyers to have the power to counter the wrongness made by them.
Hurst's Sixth Amendment Essay
1820 Words | 8 PagesOur rejection of simple-majority jury decisions, I believe, was deeply-rooted. In the 1700’s, Sir William Blackstone made his opinion clear that a jury trial was the most “transcendent privilege” any person can hope for. 3 Blackstone, Commentaries on the Laws of England 379 (1768). That no state can take away your property or liberty without the “unanimous consent of twelve of his neighbors and equals,” was a great comfort to Blackstone, as it should be to all of us. Id. John Adams believed that a unanimous jury is the thing that “preserves the rights of mankind.”
Jury System Dbq
842 Words | 4 PagesIs the American Jury System still a Good Idea? In the American Judicial System today, there is a choice between trial by jury or bench trial. Trial by jury is used today by selecting jurors from pools of people who are eligible, adult American citizens. Trial by jury is often controversial because of how the jurors are not professionals whereas in a bench trial, a judge is highly educated in law (Doc B).
The Case Of Richard Mijares
1496 Words | 6 PagesFor the Portfolio Project I am choosing Option 2; Refuting that “justice” was achieved. I will draw upon my own concept of justice, the legal concepts of justice, studies, articles and empirical research to allow for my conclusion. Furthermore, I will consider the victims, (plural), and the impact of Richards sentence on his life. The Case of Richard Mijares At the outset of this class we were instructed to watch videos of Richard Mijares, a youthful offender who shot and killed his mother when he was aged seventeen years.
Criminally Responsible Law
1035 Words | 5 Pages(Miladinovic, Z., & Lukassen, J., 2015, February 25) The outcome of a just trial and its verdict, is based on proof of evidence, which ensures what 's best for the
Juror Eight Argumentative Essay
372 Words | 2 Pages“The boy is five feet eight inches tall. His father was six feet two inches tall. That’s a difference of six inches. It’s a very awkward thing to stab down into the chest of someone who’s half a foot taller than you are. ”-(Juror two, 54)
Argumentative Essay On Jury Duty
577 Words | 3 PagesI think that I would like to be on a jury and experience what is required of a juror, I think everyone should be a member of the jury at least once in their lifetime. Having to experience the juries’ duties on a civil or criminal case, in some instance would be hard. Especially in a murder case involving children or battered women. When the judge gives you direction to please disregard that statement. How can you disregard information that you have heard?
12 Angry Men Rhetorical Analysis
1186 Words | 5 PagesTwelve Angry Men is in many ways a love letter to the American legal justice system. We find here eleven men, swayed to conclusions by prejudices, past experience, and short-sightedness, challenged by one man who holds himself and his peers to a higher standard of justice, demanding that this marginalized member of society be given his due process. We see the jurors struggle between the two, seemingly conflicting, purposes of a jury, to punish the guilty and to protect the innocent. It proves, however, that the logic of the American trial-by-jury system does work.
Pros And Cons Of Retributive Justice
1479 Words | 6 PagesThis reflection paper will first address the advantages of using retributive justice approach in three court-cases. Second, it will discuss the disadvantages of using retributive justice approaches by analyzing the three court-cases listed above. Third, it will elaborate on ways that the system could have used restorative justice processes in the cases, as well as present potential outcomes that could have been reached if restoration justice was taken into consideration. First, during lecture three, we talked about the notion of just deserts.
The Death Penalty In Stephen Nathanson's An Eye For An Eye?
901 Words | 4 PagesDeath Penalty is a very ominous punishment to discuss. It is probably the most controversial and feared form of punishment in the United States. Many are unaware, but 31 of the 52 states have the Death penalty passes as an acceptable punishment. In the following essay, I will agree and support Stephen Nathanson's statement that "Equality retributivism cannot justify the death penalty. " In the reading, "An Eye for an Eye?", Nathanson gives objections to why equality retributivism is morally acceptable for the death penalty to be legal.
Trial By Jury Advantages And Disadvantages
1472 Words | 6 PagesMoreover, the ability to make objective judgments could be enhanced, for instance by questioning witnesses (Joyce, 2013). In conclusion, the judge should be able to overturn acquittal when jury nullifies, in order to ensure that the innocent is not convicted and the guilty is not acquitted (Hostettler,
More about Arguments Against Jury Nullification
Dred Scott Case Summary
550 Words | 3 PagesCase Of R V Kokopenace
891 Words | 4 PagesExamples Of Jury Nullification
457 Words | 2 PagesJury System DBQ Essay
515 Words | 3 PagesJury Nullification Research Paper
125 Words | 1 PagesHurst's Sixth Amendment Essay
1820 Words | 8 PagesJury System Dbq
842 Words | 4 PagesThe Case Of Richard Mijares
1496 Words | 6 PagesCriminally Responsible Law
1035 Words | 5 PagesJuror Eight Argumentative Essay
372 Words | 2 PagesArgumentative Essay On Jury Duty
577 Words | 3 Pages12 Angry Men Rhetorical Analysis
1186 Words | 5 PagesPros And Cons Of Retributive Justice
1479 Words | 6 PagesThe Death Penalty In Stephen Nathanson's An Eye For An Eye?
901 Words | 4 PagesTrial By Jury Advantages And Disadvantages
1472 Words | 6 Pages