Jury nullification: the evolution of a doctrine
Central to the history of trial by jury is the right of jurors to vote "not guilty" if the law is unjust or unjustly applied. When jurors acquit a factually guilty defendant, we say that the jury "nullified" the law. The Founding Fathers believed that juries in criminal trials had a role to play as the "conscience of the community," & relied on juries' "nullifying" to hold the government to the principles of the Constitution. Yet over the last century & a half, this power of jurors has been derided & ignored by American courts, to the point that today few jurors are aware that an important part of their role is, in the words of the Supreme Court, to "prevent oppression by the government."
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LibraryThing ReviewUser Review - LibraryThing
Nigh exhaustive treatment (perhaps even too exhaustive, it could be argued). The last chapter offering advice on lawyer's courtroom techniques to obtain a nullification verdict seemed very out of place. The historical and theoretical accounts are well researched and argued, although I would have preferred a smidge more objectivity. The author is clearly a well-informed, passionate advocate for jury powers, which can lead some of the language describing opposite views to be condescending. But in the main, a must read for anyone studying this topic.
Review: Jury Nullification: The Evolution of a DoctrineUser Review - Goodreads
Good comprehensive coverage, but preferred the US case law history which I found the most interesting. Skimmed much of the rest.
Chapter One Introduction
United States 283 U S 10th Cir 1990 269
Chapter Two The Origins of the Doctrine
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