Jury Nullification

Research Paper # 115800

Law > Criminal

Jury Nullification

An exploration of the justice behind jury nullification and whether or not jurors should be notified about this power.

3,555 words () | 5 sources | APA | 2009 United States

Paper Summary:

The paper explores the arguments supporting the usage and advertisement of jury nullification in the everyday trial process. The paper looks at the history of jury nullification and how it played a large role in the formation of the American government and the American judicial system. The paper explores the literature and focuses on a court case that reflects the application of misapplication of jury nullification. The paper concludes with the writer's personal opinion that jury nullification should be presented as an option to every jury, and, further, should be explained extremely thoroughly so that the jury may make educated and rational decisions when rendering verdicts.

From the Paper:

"The history of jury nullification is a complicated one. It is clear that jurors are awarded the right to nullify by the Constitution of the United States. However, it is, by some perspectives, the most secretive power of the jury in the Constitution. In contemporary society, we learn of jury nullification through popular culture. For example, in both the book and the movie, A Time to Kill, the defendant is clearly guilty of killing the man who raped his daughter, however, the jury finds him not guilty of the crime. In this sense, the jurors decided that in this case, the law was not pertinent or did not apply to the defendant. This right that is awarded to jurors has had a storied past. The idea behind the notion of jury nullification is that it might be a last hope for a democratic and equitable justice system if ever faced with a tyrannical evolution of government or persuasive evils."

Sample of Sources Used:

Dodge, L. (1994). Juries Should Be Informed of Their Right to Nullify the Law. In M.E. Williams (Ed.), The Jury System (pp. 51-58). San Diego: Greenhaven Press, Inc.
Horowitz, I.A. & Willging, T.E. (1991). Changing Views of Jury Power: The Nullification Debate, 1787-1988. Law and Human Behavior, 15(2), pp. 165-182.
No Author. (1998). Criminal Law. Jury Nullification. Second Circuit Holds That Juror's Intent to Nullify Is Just Cause for Dismissal. United States v. Thomas, 116 F.3d 606 (2nd Cir. 1997). Harvard Law Review Association, 111(5), pp. 1347-1352.
Pulliam, M. (1996). Jury Nullification Should Not Be Allowed. In M.E. Williams (Ed.), The Jury System (pp. 59-62). San Diego: Greenhaven Press, Inc.
Zinsmeister, K. & Weiss, M. (1996). Racially Biased Jury Nullification is Not Just. In M.E. Williams (Ed.), The Jury System (pp. 68-73). San Diego: Greenhaven Press, Inc.