Essay On Jury Nullification

The legal system in Canada is recognized as a neutral, predictable and impartial system in maintaining social order. Each citizen is guaranteed a fair and equal treatment from the legal system. The law thereby acts like an equal, predictable and calculable system. However, the jury system has questionable actions, unclear purpose and undermines the entire legal system of equality. This paper will demonstrate how the jury system fails and lacks the capacity to judge and indict the accused because of the jurors’ bias and flaws in problem solving. Jury nullification should not be seen as a big part of the court system and their powers to indict an accused should be limited. Granting the jury members the ultimate power to make a decision of guilty or innocent based on

The idea of jury nullification comes to represent the ability for every citizen to be protected by biased legal actors and unjust law. Therefore, citizens are able to adjudicate between the facts of law and morality, and the sense of having the ability to protect society.

Jury nullification is recognized by Canada to give “the citizen’s ultimate protection against oppressive laws and the oppressive enforcement of the law.” However, by encouraging the law and legal actors to promote the use of jury nullification; the jury may use this power to benefit themselves. Thereby the jury system undermines the legal system as a whole.

The history of jury nullification goes all the way back to the 1670s. In Bushell’s case, the jury’s power to nullify law became an important part of the Common legal system. Although the defendants of the case were found guilty and charged with substantial evidence, the jury members acquitted and refused to convict the defendants. Thereafter, the judge ordered the jury to change their verdict, and without any agreement from the jurors, the judge found them