DEFINITIONS - Jury Nullification
"Jury nullification occurs when guilt is established but the jury
decides to acquit on its own sense of fairness, propriety, prejudice,
or any other sentiment or concern." Randall Kennedy, Race, Crime, and
the Law (1997)
"Jury nullification… may take on a variety of meanings or shades of meaning."
"True" or stringent nullification "occurs when the jury
recognizes that a defendant's act is proscribed by the law but acquits
because it does not believe the act should be proscribed. The behavior,
in other words, is not criminal in the eyes of the jury."
"Intermediate" nullification occurs when "although the act proved
is properly classified as criminal, it is within a class of acts that
do not deserve the punishment prescribed for them."
"Weak" or "ad hoc" nullification "reflects the jury's view that
although the act proved is criminal and falls in a class of acts that
may well deserve the prescribed punishment, such punishment is
inappropriate in the case at hand."
Very tallanted writer!
ReplyDeleteI did’t know that.
ReplyDeleteVery interesting post! Thanks a lot for it.
ReplyDelete