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Arguments Against Jury Nullification

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Jury nullification is a finding by a trial jury in contradiction to the jury's belief about the facts of the case, which occurs during a trial when jurors acquit a defendant, even though the jurors may believe the defendant to be guilty of the charges. (Legal IQ, 2017) Jurors have an obligation to follow the law, as interpreted by the trial judge when rendering a verdict; therefore, judges instruct jurors in this obligation. (Hall, 2014) However, “a defendant has no right to insist that a jury is instructed that it has the authority to nullify the law” (Hall, 2014, p. 577). A jury nullification takes place when a jury decides on a verdict of “not guilty” even if they believe that the defendant is guilty of the charge. (Find Law, 2017) Jury nullification happens civilly and criminally; therefore, in a criminal trial, a jury nullifies by acquitting a defendant, even though jurors may believe that the defendant committed the offense; nevertheless, they do not believe he or she shall be punished for the crime. Jurisdictions with double jeopardy rules convictions can be overturned on appeal; however, an acquittal cannot be overturned. (Legal IQ, 2017)

According to the U.S. Supreme Court, a jury nullification is legal whether or not juries need to be instructed on this right is a different matter. (Find Law, 2017)
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Jury Nullification Arguments by Criminal Defense Counsel. Retrieved November 8, 2017, from https://www.dcbar.org/bar-resources/legal-ethics/opinions/opinion320.cfm

Find Law (2017). Jury Nullification. Retrieved November 8, 2017, from http://criminal.findlaw.com/criminal-procedure/jury-nullification.html

Hall, D. E. (2014). Criminal Law and Procedure, 7th Edition: Cengage Learning. p. 577. Retrieved November 8, 2017, from https://www.betheluniversityonline.net/cps/default.aspx?SectionID=5980&tabid=

Legal IQ (2017). What is Jury Nullification? Retrieved November 8, 2017, from
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