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Friday, April 12, 2013

Race-Based Jury Nullification

persist-Based Jury Nullification

Abstract

Internet research clearly acquainted a long narration for jury nullification in the US. An explanation of jury nullification, and in particular race ground jury nullification, is that it is a system whereby juries nullify unfair laws by declaring guilty defendants non guilty. Race found nullification is where a jury acquits and individual based on their race. This is commonly found in homogenous juries where in that location is little jury diversity. Past cases such as fugitive from justice slave laws and current cases such as police shootings show that race-based nullification is still an issue in modern courtrooms. The closing being that jury nullification is an important power prerequisite for the checks and balances of the judicial system

Jury nullification is a right enjoyed, but not understood, by all jurors in the US. This right gives jurors the ability to fork over laws for themselves and return not-guilty verdicts for guilty defendants allowing them to nullify laws. (Emal, 1995) The most common admonishment by judges is that jurors must decide the case based on facts, and that they are not in fact interpret the fairness of laws. The fear is that if jurors knew or understood this power, it could undermine the ascendence of the US judicial system.

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Allowing juries to interpret laws is in fact a right given as a foil against a too powerful central government.

        Historically there is a tremendous precedent for jury nullification much of it involving race. In the North pre-civil war era juries commonly refused to convict tomboy slaves because they felt that the law was unfair. This was an example of jury nullification, where the jury was aware that the defendant was guilty, but refused to return a guilty verdict, in effect nullifying the law. (Emal, 1995) More recently in the 1930s many courts...

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