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The jury’s repudiation to sentence a person even through the presence of a resilient proof which supports guilt is called jury nullification. With regards to handling cases, the jury shouldn’t develop sympathy for it will result to jury nullification. During the trial, sentencing or verdict should always be based on the facts and shouldn’t even concern an individual’s race at all. At an instance wherein the jury couldn’t come up with a conviction due to the fact that race is involved, it is called as race-based nullification which is
but rarely occurs. Jury nullification is frequently practiced. the commonly established perception of jury nullification is when a juror acknowledges power but has no right to nullify the law. Studies reveal that there’s an estimate of three to four percent of jury criminal trials engaged in jury nullification. Allegedly. it would be right for punishment as this is believed to wrong. To spare the innocent and castigate the guilty was the premeditated goal of the criminal justice system. in criminal trials and theoretically applicable to civil trials too – where it is focus to civil procedural solutions. the acquittal invalidates the law for the jury interjects its personal judgment or political penchants substituting the law. 1996). Thus. In the courts. According to Professor George Fletcher. the conventional method is for jurors as “evaluator of fact” and judges as the interpreter of the law and the instructor of the jury with regards to the application of the law. The jury has a function as the ultimate authority on the law but has no right to cancel . it seems that it is an act of contempt just before the law. Sad to say that there’s no means of totally eradicating jury nullification for jurors can’t be controlled to sentence or even be penalized for absolving an individual. An effect of a race-based jury nullification could be the demising an innocent life or incarcerating an innocent individual (Duane. as this happens. this results to jury nullification. In an instance wherein the jury replaces its personal interpretation of the law and ignores the law fully to come up with a verdict. In the United State’s Court Systems. the phrase jury nullification is awkward and deceptive as it implies that at an instance the jury chooses its scruples.evidently not good for a murderer can be set free as this occurs.
opinions. and conscience are all part of a person which precisely makes him/her perfectly cut for the job to judge cases which no computer could substitute (Emal. Individuals who oppose jury nullification think that making the jury aware of this right will be grounds to totally overlook the law and eventually rely on perception or feelings to judge an offender’s conviction. As Thomas Jefferson stated that. wisdom. Those patriots or constitutional creators made sure that every enactment of law should go through the assessment of the jury prior to acquiring the power to reprimand lawbreakers. “I consider trial by jury as the only anchor yet imagined by man. by which a government can be held to the principles of its constitution." 2011). their job can be substituted by a computer. experience. they think that nullification rights permits numerous treacherous offenders to be released with no punishment. The Founding Fathers fortified jury nullification as a customary American right. and equipped with this nullification right can assist in prohibiting injustice ("Jury nullification -. In addition. Furthermore. Feelings. Those Founding Fathers projected that the jury would function as one of the ordeals a law must go through prior to taking on adequate prevalent authority to be imposed." If the jury were intended to arbitrate only the facts. Moreover. the jurors . 1996).out the directions of the judge – however to carry out the law – through identifying ideologies of rationalization that go further than the printed law (Duane. they think that several preset punishments for a number of crimes may be too ruthless. Individuals who support jury nullification trust that the jurors should be aware of this right to prevent the government from implementing unconstitutional laws. 1996).
New York. 2009). or race. This was taken from U. The criminal jury trial’s function is to recognize and identify an individual’s guilt or innocence under the law. I was found out .S. One such supporter is exU. Attorney Paul Butler who thinks that jury nullification may head start to ways of amending other injustices concerned with African Americans and other individuals from other minority groups (MacNamara & Burns. Let me cite a good example regarding race-based nullification that was a murder trial which occurred in Brooklyn. nonviolent crimes (MacNamara & Burns.S. News and World Report and written by John Leo. Before yielding his wounds.must make a decision based on facts without being concerned of the complex matters of which laws are just or unjust ("Jury nullification -. 2009). Later. the victim identified his assailant as Lemrick Nelson. Some believe that race-based nullification could revolutionize and ultimately result to lessening or eradicating discrimination and disparity in the justice system. The criminal trial had members of the jury who were black in majority and eventually exonerated the assailant." 2011). The definition of jury nullification is the juror’s rebuttal to condemn a person despite the fact that there’s certain proof of guilt. The case was about a Jewish man named Yankel Rosenbaum who was seriously stabbed caused by a black mob assailant – motivated by the death of a black youth who was run over a religious motorcade. Jr. It can be brought about by a sympathetic juror to the offender’s situation. The presence of several supporters who believe that the jury must take into account nullification in cases in which African Americans are charged of victimless. A juror must not make a decision or verdict solely based on the race of an individual. cause.
the jury can protect innocent people. With this incident. By means of preventing unjust law from being enforced. Critical thinking skills and good judgment. Several racial discords on jurors is the effect of various individuals conveying varied life experiences into the four walls of the court and looking into the proof with different outlook (Leo. Through the utilization of proof or facts. not through race. 1995). Jury nullification functions as an essential protection against unwarranted laws but factors such as race must never be included in the picture. Let me cite a good example through a case called O. Eventually. a vicious individual was exonerated. On the downside of it.that the recently exonerated assailant was partying together with members of the jury. jury nullification is an essential aspect of the judicial process but it must limited and based solely on the sections of the law that a juror doubts and certainly not on the offender’s personality. assailants and offenders should be sentenced or condemned. Occurrences like the one from the latter have generated a clash within the society regarding the jury nullification’s use. Simpson trial where every fact and proof reveals that the offender is guilt but the just chose to set him free due to the individual’s race and status as a celebrity. Indeed.J. guilty offenders are released as they convict or practice based on the individual’s race. must be . Nelson transferred to Georgia and was caught and convicted for assaulting a person with the use of a knife. This division is to be projected but the function of the jurors is to examine and analyze the proof or facts in order to identify if the offender is either guilty or not guilty. The core of a fair and equal justice system can be damaged through racial acquittals.
gender. In every judicial trial. We. and not come up with a verdict by means of race.utilized while examining the facts and evidences to come up with a decent decision under the fairness of the law. . Even though we know as a fact that race-based jury nullification is wrong. Jury nullification functions as an essential protection against unwarranted laws and unjust prison sentences on the condition that verdicts must be solely based on proof and facts. or age. terminally ill. cancer patient was illegally propagating marijuana to assist in lessening the side effects of his chemotherapy is to be convicted with 25-year incarceration. our team. we can never deny that it is being practiced all over the world given that the jury prevails. In an instance where a dying. With regards to this situation. providing fair and equal decisions. I believe that this is where jury nullification comes into the picture. the jury functions as a tool to determine if an offender is either guilty or innocent under the law through the use of taking into account the law. are against the race-based jury nullification because we think that coming up with a verdict with race as a basis isn’t appropriate.
com/~/link. Retrieved from http://www. U. J. Retrieved from http://www.html Jury nullification . J.S News and World Report. Retrieved from http://www.org/article.com. Lawyers.lawyers.php?id=27 Leo. Just Cause Law Collective.usnews. R.lawcollective. 2011 from http://www.aspx?_id=4FE86A4E-425A-445B-BAE7052D51082D71&_z=z Duane.References: Emal.htm .when the jury ignores the law. Jury nullification.com/usnews/opinion/articles/951016/archive_033097. 22(4).com/eagle/ISSUES/ISSUE23-9/07JuryNullification. (1996). The Color of the Law. Jury nullification: the top secret constitutional right.greenmac. (1995). (2011). (1996). Retrieved April 3.
R. & Burns. R. NY: McGraw-Hill .MacNamara. H.. New York. Multiculturalism in the criminal justice system. (2009).