this post was submitted on 08 Dec 2024
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[–] [email protected] 155 points 2 weeks ago* (last edited 2 weeks ago) (4 children)

Key facts about Jury Trials:

  1. Jurors cannot be punished for their decison either "guilty" or "not guilty", no matter if the decision was the "right" or "wrong" decison.

  2. A verdict of "not guilty" cannot be appealed nor overturned.

  3. A person cannot be tried for the same criminal act more than once. Famously known as the "No Double Jeopardy" clause. (although: according to the law, mistrials / hung juries don't count as a trial for the purposes of "No Double Jeopardy")

Interpret these facts however you will. wink wink, nudge nudge

[–] [email protected] 87 points 2 weeks ago (2 children)

Also, don't tell anyone you know that, or you're not gonna be on any jury.

[–] [email protected] 42 points 2 weeks ago

cough cough ^jury ^nullification cough

Sorry, there must be something in the air today.

[–] [email protected] 2 points 1 week ago

Actually? Having a get out of jury duty free card seems like a handy thing to have.

[–] [email protected] 40 points 2 weeks ago (2 children)

Can we crowd source ads around Manhattan and have people with bullhorns on the sidewalks around the court entrances announcing "Jury Nullification is your right!"?

[–] [email protected] 46 points 2 weeks ago (4 children)

Just to be clear, Jury Nullification isn't a right, more of a natural consequence of the 2 rules:

Jury can't be punished for not ruling a certain way

And

No double jeopardy.

You can't outlaw jury nullification without breaking the first rule and you can't break the first rule because it's absolutely necessary for a fair justice system

[–] [email protected] 13 points 2 weeks ago (1 children)

We have a fair justice system?

[–] [email protected] 16 points 2 weeks ago (1 children)

Theoretically. The structure is setup for one, it's the individuals that fuck it up. As usual.

[–] [email protected] 3 points 2 weeks ago

Fuck the judges, corrupt

[–] [email protected] 10 points 1 week ago

It's not just a consequence, it's the entire reason we have juries in the first place. Do you honestly think 12 random untrained people can judge if someone violated a law better than a traines judge holding a bench trial? Juries are always going to be inferior at applying the letter of the law than any trained judge.

The only value of a jury is that it protects against unjust laws. The original idea was that, regardless of what laws the wealthy write, you still need to be able to convince 12 ordinary people that a crime worthy of punishment has taken place.

Jury nullification isn't just some quirky consequence of the jury system; it's the entire reason we have juries in the first place. We've just collectively forgotten that fact.

[–] [email protected] 3 points 1 week ago

True, but from the perspective of a juror, it may as well be a right, and calling it a right gets the point across much more efficiently than trying to explain in detail.

[–] [email protected] 1 points 1 week ago (1 children)

A judge can overrule a jury if they think the jury judged the law rather than the defendant, however.

[–] [email protected] 5 points 1 week ago

Only for a guilty verdict, a non-guilty verdict can't be overrode or appealed.

That's why they hate juries knowing about it so much

[–] drcobaltjedi 17 points 2 weeks ago

Well, according to citizens united, money = speech.

[–] [email protected] 16 points 2 weeks ago (1 children)

Jury nullification is one way to overturn unfair laws.

If a bunch of juries refuse to play ball, prosecutors will stop trying the cases. They think convictions are the only way to win reelection.

I'm an advocate for homeless people. I 100% support jury nullification.

[–] [email protected] 13 points 2 weeks ago

I mean, we'd probably want to keep murder illegal. It's just this specific murder we don't take issue with.

[–] [email protected] 4 points 1 week ago* (last edited 1 week ago) (1 children)

something like the casey anthony trial comes to mind though. the jury wanted to convict but needed to act objectively on evidence alone. so they all cringed and cried as they all signed off to acquit or whatever. this would be the opposite, but the idea is the same.

[–] [email protected] 7 points 1 week ago* (last edited 1 week ago)

Different.

A "guilty" verdict that a judge deems to be lacking evidence and result in the judge giving their verdict that overrides the jury's. It could also get appealed. So there's no point of the "guilty" version of Jury Nullification.

In contrast, a "not guilty" verdict cannot be overrulled by the judge, nor can it be appealed. So this version of Jury Nullification is much stronger.