Changes

This case established the principle that a juror could not be prosecuted for his vote on the jury, whereby a jury’s decision is final and dispositive even if it rejects the law. Jury nullification has occurred in America, as in acquitting [[John Peter Zenger]] and acquitting defendants accused of violating the Alien and Sedition Act and the Fugitive Slave Act.

This case established the principle that a juror could not be prosecuted for his vote on the jury, whereby a jury’s decision is final and dispositive even if it rejects the law. Jury nullification has occurred in America, as in acquitting [[John Peter Zenger]] and acquitting defendants accused of violating the Alien and Sedition Act and the Fugitive Slave Act.

Today, court rules and the ethics rules governing attorney conduct prohibit lawyers and judges from suggesting to juries that is jury nullification is an available option.  Each juror takes an oath to apply the law as instructed by the judge, and jurors are asked questions during jury selection to determine whether they are prepared to carry out that duty.  For example, in death penalty cases, prospective jurors are asked if their views on the death penalty would affect their ability to perform their duty.  So, for jury nullification to occur in the United States, a juror would not only break his oath but also be prepared to lie about his views and intent during jury selection.  An additional safeguard is that if the jury was not uninanimous, a "hung jury" would result in a mistrial and a subsequent trial by a different jury.

Today, court rules and the ethics rules governing attorney conduct prohibit lawyers and judges from suggesting to juries that is jury nullification is an available option.  Each juror takes an oath to apply the law as instructed by the judge, and jurors are asked questions during jury selection to determine whether they are prepared to carry out that duty.  For example, in death penalty cases, prospective jurors are asked if their views on the death penalty would affect their ability to perform their duty.  So, for jury nullification to occur in the United States, a juror would not only break his oath but also be prepared to lie about his views and intent during jury selection.  An additional safeguard is that if the jury was not unanimous, a "hung jury" would result in a mistrial and a subsequent trial by a different jury.

 

 

The Camden 28 trial in the spring of 1973, in which all defendants were acquitted of all charges resulting from their monitored break-in of a draft board in 1971, is considered to be a modern example of jury nullification.

==Further reading==

==Further reading==

''[http://law.justia.com/cases/federal/appellate-courts/F3/116/606/611938/ U.S. v. Thomas]'', 116 F.3d 606 (2d Cir. 1997).

''[http://law.justia.com/cases/federal/appellate-courts/F3/116/606/611938/ U.S. v. Thomas]'', 116 F.3d 606 (2d Cir. 1997).

[[Category:Law]]

[[Category:Law]]