Essay
Jury nullification and selective enforcement adhere to the principle of personal beliefs and values, which results in individuals making certain decisions in disagreement to a law or the type of person being dealt with. Juries and law enforcement authorities, particularly, should be restricted from employing their personal ideals into situations where neutrality is needed. Professional integrity is needed not only to be just to the participants of the event, but to make the system run smoothly as well.
Jurors have the freedom to employ jury nullification when reaching a verdict, yet they are usually advised to reach a verdict whether they agree with the law or not. In some cases, jurors have opted to declare a defendant not guilty when
In considering the effectiveness of the jury system, it is first necessary to understand the roles of juries. Primarily, a jury is a body of legally unqualified citizens who agree on a verdict based on evidence
Every day people are convicted of crimes or arrested for other reasons. Once they are convicted they are summoned to court, this begins the jury process. Citizens are randomly chosen to serve on jury duty. The citizens on the jury will use the jury system to determine if the person being accused is guilty or innocent. Trials can become very long or they can be short it just depends on the topic and how long it takes to decide on what the consequences will be. The jury system is the main trial and the main decision of whether or not someone is right or wrong.
Conflict between the US and Mexico began with Mexico's and Texas’s differences caused them to clash leaving to Texans’ war for independence from Mexico, which they gained in 1836. Texas then asked the US for annexation, which the US refuse the first two times, but them in 1845 the US annexed Texas. After the annexation of Texas Mexico and the United States had different perspectives, leading to the border dispute where US-Mexican troops fought, and hence that came to the US-Mexican war in 1845. This trial is meant to decide if America’s actions were honorable and justified, or if the United States used its power to manipulate Mexico. Based on all the evidence presented, the jury declared the US to be guilty on the charge of wrongfully provoking a war with Mexico.
In this paper I will provide an analysis of a jury trial; my analysis will focus on the right of the defendant. I will articulate how a defendant 's rights at trial can be assured when it comes to The defendant’s right to a speedy trial, the defendant’s right to an impartial judge and the defendant’s right to an impartial jury.
Racial differences within the court system of the United States can create various interpretations of laws and the impartiality of such laws. Minorities within this country may believe that the criminal justice system has prejudices and may dismiss the legality of certain laws. Jury nullification is a process in which members of the jury exonerate a person of a guilty verdict although the evidence presented in the case overwhelmingly proves the person’s guilt. People within the jury may believe the laws are not fair, do not apply to the particular case, or they may empathize with the defendant (McNamara & Burns, 2009).
Few in this country would argue with the fact that the United States criminal justice system possesses discrepancies which adversely affect Blacks in this country. Numerous studies and articles have been composed on the many facets in which discrimination, or at least disparity, is obvious. Even whites are forced to admit that statistics indicate that the Black community is disproportionately affected by the American legal system. Controversy arises when the issue of possible causes of, and also solutions to, these variations are discussed. It’s not just black versus white, it is white versus white, and white versus oriental, whatever the case may be, and it is not justice. If we see patterns then the judges should have the authority to say something. Jury nullifications cannot be overturned regardless of the cause. Exclusionary rule, according to CULS (2010) – Prevents the government from using most evidence gathered in violation of U.S. Constitution; like unreasonable search and seizure (Fourth Amendment).
Jury Nullification is the process that allows members of the juror to acquit a defendant for crimes they do not feel is grounds for punishment. Although, many jurors may not know this is an option to many cases, it is still an option. If citizens use this option in many of the courtroom proceedings, there will be fewer people who are serving time in prison. On the other hand, this does interfere with the decision- making process. This paper will explain whether ethnicity influences courtroom proceedings and judicial practices. It will summarize the arguments for and against ethnicity-based jury nullification. Including contemporary examples of
Jury invalidation is the thing that happens when a jury returns a decision of "Not Guilty" in spite of its conviction that the respondent is liable for the infringement charged. The jury invalidates a law that it accepts is either indecent or wrongly connected to the respondent whose destiny they are accused of choosing.
Jury nullification should continue to be recognized as a part of the Canadian justice system. The power of the juries should stay the same crucially because in some cases the defendant may actually have a reason to not be guilty even though they may be guilty for the crime that they have committed. Authors, Neil Brooks and Anthony Doob discuss about juries and the strengths and weaknesses about them and jury nullification. Chief Justice Fraser of the Alberta Court of Appeal discusses about Krieger 's Appeal and the strengths of jury nullification and how the jury following their conscience is sometimes better than following the “rule of law”. Paul Butler suggests that the law should expand jury nullification by allowing jurors who are the same race as the defendant who is guilty be free which I believe should not be added in the criminal justice system because of the many negative outcomes it may cause in society. Jury nullification is when a jury that takes part in a case believes that the defendant is not guilty even though he/she is guilty for the crime that they have caused by using their conscience instead of considering the facts that they have been presented by the law and that follow the rule of law. Jury nullification should continued to be recognized and the power of juries should be limited because of many reasons. Although jury nullification may be a positive factor to a defendant and to society as well, sometimes it won 't be if the power of juries stays the
Once a jury deems a defendant not guilty, he cannot be tried again for the same crime, as he is protected by the double jeopardy clause in the Constitution. The argument around jury nullification is that the law is in place to be upheld in the court, not questioned in the trial, hence why the question arises regarding whether jurors have the right to nullify. Recently, several courts, in an effort to protect the law and the judicial system, have removed jurors who have made it clear that their intention is to
Jury nullification- is the indifference by a jury of the evidence given and the interpretation of its verdict based on other criteria (Gabbidon & Greene, 2013).
ught about jury nullification as a young law student, I was inclined to be against it. Yes, it could potentially be used to curb unjust laws. But it can also be a vehicle for jury prejudice and bias. Most notoriously, all-white juries in the Jim Crow-era South often acquitted blatantly guilty white defendants who had committed racially motivated crimes against blacks. Moreover, it seems unfair if Defendant A gets convicted while Defendant B is acquitted after committing exactly the same offense, merely because B was lucky enough Of course, prosecutors have essentially the same power, since they’re under no obligation to bring charges against even an obviously guilty defendant. But while the power of juries to let guilty people go free in the
Initially, the trial judge instructs the jurors of their responsibility in the observance of the law, and at the conclusion of trial, the judge and the involved parties are not permitted in closing arguments to persuade the jury to blatantly disregard the law (Hall, 2015). Jury nullification occurs when jurors do not convict the defendant because they are convinced the crime or punishment is too harsh or unfavorable (Hall, 2015). Furthermore, this rule only applies to the defense, specifically when the defense has an interest in arguing that the jury should acquit and not follow the law, regardless of guilt (Hall, 2015). Jury nullification is not permitted in most, if not all jurisdictions, and it applies to both the prosecution and the
All the jury must agree on a verdict, if this is not possible then the
Some Jurors will reach a quick verdict or not properly think over the evidence just to get it over and done with so they can go home.