Jury nullification: Difference between revisions

Revision as of 02:31, 21 July 2007

Revision as of 02:32, 21 July 2007

Line 54:

In the 21st century, many discussions of jury nullification center around drug laws that some consider unjust either in principle or because they are seen to discriminate against African-Americans. A jury nullification advocacy group estimates that 3–4% of all jury trials involve nullification,<ref name = "FIJA" /> and a recent rise in [[hung jury|hung juries]] (from an average of 5% to nearly 20% in recent years) is considered additional evidence that juries have begun to consider the validity or fairness of the laws themselves.<ref name = "WashPost">[http://www.washingtonpost.com/wp-srv/national/jury080299.htm Washington Post].</ref>

In criminal cases, jury nullification arguments sometimes focus on the precise language of the [[jury instruction]] on the [[burden of proof]]. Many jury instructions on the issue of the [[burden of proof]] invite nullification arguments. According to these instructions juries ''must'' find the defendant not guilty if the case has not been proven beyond a reasonable doubt. Conversely the jury ''should'' find the defendant guilty if the case has been proven beyond a reasonable doubt. The permissive language "should" arguably allows juries to consider nullification arguments.

===Court rulings===